刑事和解是我国司法实践中新近出现的一种纠纷解决模式,其实质就是刑事和解协议的达成过程。刑事和解协议性质上属于非典型的公法契约,其对双方当事人有拘束力,对检察机关没有拘束力,应当赋予其执行力。由于和解协议效力的不确定,应当采取针对性的救济途径。 Criminal reconciliation is a newly emerged mode of dispute resolution in judicial practice in our country. Its essence is the process of the settlement of criminal reconciliation agreement. The criminal reconciliation agreement is an atypical public law contract in nature. It is binding on both parties and has no binding force on the procuratorial organs and should be given enforcement power. As the effectiveness of the settlement agreement is not valid, we should take targeted relief approach.