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稍加观察近几年关于刑事和解的制度化实践,就可以发现,刑事和解的实践最先始于一些地方司法机关的尝试,随后开始向全国范围推进,并且与理论研究形成了紧密的呼应。这种制度化实践呈现出以下几种特征:刑事和解的制度化实践并非司法机关超越法律的全新创制,而是有其法律依据和政策依据;它是一种由司法机关推进的制度实践;推动刑事和解的实际动因是社会需求,对其正当性评价的标准主要是依据社会效果;刑事和解模式呈多元化趋势;刑事和解适用的案件类型和范围一般均有特定需求和条件,包括身份关系、纠纷特点、文化、习惯等等。
A little observation on the institutionalized practice of criminal reconciliation in recent years shows that the practice of criminal reconciliation first started with the attempts of some local judicial organs and then started to be promoted nationwide and closely echoed the theoretical research. This systematic practice shows the following characteristics: The institutionalized practice of criminal reconciliation is not beyond the legal creation of a new body of judiciary, but has its own legal basis and policy basis; it is a kind of institutional practice promoted by the judiciary; it promotes The actual motivation of criminal reconciliation is social demand, the standard of its legitimacy evaluation is mainly based on social effects; the trend of criminal reconciliation is diversified; the types and scopes of cases applicable to criminal reconciliation generally have specific needs and conditions, including identity, Dispute characteristics, culture, habits and more.