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新刑诉的颁布与实施,对于进一步保护保障人权,实现形式正义和实质公正的统一有着重要的意义。新刑诉法第二百七十条规定:“下列公诉案件,犯罪嫌疑人、被告人真诚悔罪,通过向被害人赔偿损失、赔礼道歉等方式获得被害人谅解,被害人自愿和解的,双方当事人可以和解:(一)因民间纠纷引起,涉嫌刑法分则第四章、第五章规定的犯罪案件,可能判处三年有期徒刑以下刑罚的;(二)除渎职犯罪以外的可能判处七年有期徒刑以下刑罚的过失犯罪案件。犯罪嫌疑人、被告人在五年以内曾经故意犯罪的,不适用本章规定的程序。”而一个法条的出现都不是随机的,都是要以一定的理论、一定的理念为基础的。而刑事和解的基础就是本文所要探讨的契约精神,本文通过对契约的产生、发展来引出契约精神的实质内容,为我国进一步实施以契约精神为基础的各种司法制度提供一个理论的支撑、文化环境。
The promulgation and implementation of the new Criminal Procedure is of great significance for the further protection of human rights and the realization of the unity of formal justice and materiality. Article 270 of the new Criminal Procedure Law stipulates: “In the following cases of public prosecution, the suspects and defendants repent of their sincerity, get the victim’s understanding through victim compensation, apology and other means, and the victims voluntarily settle the case, both parties can settle (1) A criminal case suspected of being involved in Chapter IV or Chapter V of the Criminal Law, which may be caused by a civil dispute, may be sentenced to the following three-year fixed-term imprisonment; (2) A person may be sentenced to less than seven years’ imprisonment except for a dereliction of duty Criminal cases of criminal negligence of criminal penalties.Where criminal suspects and defendants have intentionally committed crimes within five years, the procedures prescribed in this chapter shall not apply. ”However, the appearance of a law is not random and all must be based on certain theories and certain Based on the concept of. However, the basis of criminal reconciliation is the contractual spirit to be explored in this article. In this paper, the substance of contractual spirit is drawn from the emergence and development of contract, which provides a theoretical support for our country to further implement various judicial systems based on contractual spirit. surroundings.