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我国现行的刑事司法是以国家起诉和追究犯罪人刑事责任为主要模式的,并深受职权主义诉讼模式的影响,程序的设计完全以管制思想、权力支配理念为基础,在实践中也具有被害人被忽略、犯罪改造不理想、社会关系不利于修复、案件积压、司法成本高、浪费司法资源等传统刑事司法制度所具有的弊端。因此,笔者认为在刑事诉讼制度中引入刑事和解制度进行改革十分必要,既能通过恢复正义以弥补报应正义的不足,又具有一系列理论和现实意义。
The current criminal justice in our country takes the state prosecution and the investigation of criminals’ criminal responsibility as the main mode, and is deeply influenced by the mode of the litigation of official power. The design of the procedure is based entirely on the concept of control and the principle of power and also has the victim in practice Neglected, criminal reform is not ideal, social relations is not conducive to repair, the backlog of cases, the high cost of justice, a waste of judicial resources and other traditional criminal justice system has drawbacks. Therefore, I think it is very necessary to introduce the criminal reconciliation system into the criminal procedure system to reform, which can make up for the deficiencies of justice by both restoring justice and a series of theoretical and practical meanings.