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刑事和解作为一种制度存在,虽然在我国出现的时间较晚,但其发展速度很快,呈现出跃进式的发展趋势。同时我们也应看到,诸多的问题、争议也伴随着其发展凸显出来。这些问题和争议本身也确是从公平正义的角度出发,从刑事和解制度关注被害人利益、维护和谐稳定的社会关系的旨趣出发,试图在表象上寻找或证明刑事和解制度在制度构架上的理论弊端。从实质上看,站在更高的理论层面结合法律、哲学、社会学等诸多学科要义用更加客观、理性的态度进行分析,许多有关刑事和解制度的传统争议会呈现出一个新的面貌。
Although criminal reconciliation exists as a kind of system, although it appears later in our country, its development speed is very fast, showing a leaping development trend. At the same time, we should also see that many problems and controversies have also been highlighted along with their development. These problems and controversies are indeed from the perspective of fairness and justice. From the point of view of criminal reconciliation system paying attention to the interests of victims and maintaining harmonious and stable social relations, this paper attempts to seek or prove the theoretical malpractices of the system of criminal reconciliation on the appearance . In essence, standing on a higher theoretical level and analyzing many academic essentials such as law, philosophy and sociology with a more objective and rational attitude, many traditional disputes on the criminal reconciliation system will show a new look.