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刑事和解一般是指犯罪人与被害人以及其他刑事诉讼主体之间通过交流沟通,协商解决犯罪后相关问题,使被害人因犯罪造成的损失得到补偿,从而终止刑事诉讼的过程。在这一过程中,建立相应的检察调解程序,对于刑事案件的处理具有十分重要的意义。笔者认为,所谓检察调解,应该是指在刑事诉讼过程中,以检察机关为主导,依据法律的规定,根据犯罪人和受害人双方共同的意愿,由检察官站在中立的立场上,运用专业知识,组织加害方、受害方、社区等多方参与,促进犯罪人及其家属与被害人及其家属直接沟通与交流,确定犯罪发生后解决方案的一项检察职能。犯罪人可根据达成的协议,通过道歉、生活帮助、赔偿等形式使受害人一方因犯罪所造成的物质和精神损失得到补偿,让受害人因受犯罪影响的生活恢复常态,也使犯罪人通过积极负责任的行为重新融入社区,赢得被害人及其家庭和社区成员的谅解。
Criminal reconciliation generally refers to the process of terminating criminal proceedings through communication and negotiation between criminals and victims as well as other criminal litigants to resolve issues related to crimes after they are negotiated so as to compensate victims for loss caused by crimes. In this process, the establishment of the corresponding procuratorial mediation procedure is of great significance to the handling of criminal cases. The author believes that the so-called prosecutorial mediation should mean that in the process of criminal proceedings, the prosecution-led, according to the law, according to the common aspirant and the victim’s willingness to stand on the neutral position of prosecutors, the use of professional Knowledge, organized injurers, victims, communities and other parties to promote the communication and exchange between criminals and their families and their victims and their families, and to determine a procuratorial function for the solution after the crime has occurred. According to the agreements reached, the perpetrators can be compensated for material and spiritual losses caused by the crime on the part of the victim through forms of apology, life help, compensation and the like so as to restore the victim’s normal condition to the life affected by the crime and allow the perpetrator to pass Active and responsible behaviors reintegrate into the community and win the understanding of the victims, their families and community members.