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近年来,伴随社会公众权利意识的提高和当前各国刑事司法的滞后,传统意义上国家对刑罚权的独占地位越来越受到挑战。作为一种新的纠纷解决模式,以对被害人、犯罪人全面保护为其根本目的。刑事和解制度通过各方对程序的有效参与,营造一个相互交流的空间,可以消除隔阂,抚慰被害人的心理。而犯罪人也可在承认错误和进行社区服务的过程中提升重新与社会结合的能力。总之,刑事和解可以弥补被破坏的社区关系,在相互谅解的基础上恢复社会的和谐状态。本文通过对刑事和解的基本涵义与我国引入刑事和解的必要性进行论述,进而对我国构建刑事和解制度提出了可行性方案,使其具有现实指导意义。
In recent years, along with the increasing awareness of the rights and interests of the public and the current lag in criminal justice in various countries, the monopoly of the penalty power in the traditional sense is being challenged more and more by the state. As a new mode of dispute resolution, its fundamental purpose is to protect victims and criminals in an all-round way. Through the effective participation of all parties in the procedure, the criminal reconciliation system creates a space for mutual exchange so as to eliminate the barriers and soothe the victim’s psychology. Criminals may also enhance their ability to reintegrate into society in recognition of mistakes and community service. In short, criminal reconciliation can make up for the destroyed community relations and restore social harmony on the basis of mutual understanding. Through the discussion of the basic connotation of criminal reconciliation and the necessity of introducing criminal reconciliation in our country, this article puts forward a feasible scheme to construct the criminal reconciliation system in our country, which makes it have realistic guiding significance.