刑事和解是在构建和谐社会的背景下出现的产物,刑事和解之所以存在是因为其自身有合理性,也有其自身的特征,包括其主体、客体、基础和对各方利益的满足。并且与传统的对抗性司法下的刑事制度,三方的诉讼结构以及刑、民分离的诉讼理论有很大冲突。本文认为加强对刑事和解制度的研究对于我国法治社会的建设有重大意义。 Criminal reconciliation is the product of the emergence of a harmonious society. The existence of criminal reconciliation is due to its own legitimacy and its own characteristics, including its subject, object, foundation and satisfaction of the interests of all parties. And there is a great conflict with the criminal system under the traditional adversarial justice, the litigation structure of the tripartite and the theory of litigation and separation of people. This paper argues that strengthening the research on the system of criminal reconciliation is of great significance to the construction of a society ruled by law.