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刑事和解在人类历史上之所以时隐时现,时强时弱,是国家公权力与公民私权利二者长期博弈互动的体现。国家公权力对公民私权利的尊重与让与,及公民私权利对国家公权力的监督制约,构成了刑事和解在当代社会存在及兴起的基础。随着人类社会的发展,人权意识的普及提高,国家公权力能够介入私人空间的范围将越来越小。国家应尊重公民的意愿,尽少干预公民权利的行使,为公民权利的实现提供更多的保障,而非限制、挤压公民权利。
The reason of criminal reconciliation in the history of mankind is hint sometimes, and when it is strong and weak, it is the embodiment of long-term game interaction between state public power and civil private rights. The respect and concession of state public power to civil and private rights and the supervision and restriction of civil and private rights on state public power constitute the basis for the existence and rise of criminal reconciliation in contemporary society. With the development of human society, the popularization of human rights awareness will increase, and the scope for state public power to intervene in private space will become smaller and smaller. The state should respect the wishes of the citizens, interfere in the exercise of civil rights as much as possible, and provide more guarantees for the realization of civil rights instead of restricting and squashing citizens’ rights.