被害人谅解在司法实践中屡见不鲜,作为量刑情节,该制度即有其存在的价值,能够在一定程度上体现了司法公正和提升了司法效率,但是由于立法控制的缺失和理论的不完备,使得我们应警惕该制度的滥用,由此通过对其分析,寻找如何在刑事审判过程中合理使用被害人谅解制度的方式。 The victim’s understanding is not uncommon in judicial practice. As a measure of sentencing, the system has its own value, which can to some extent reflect the fairness of justice and enhance the judicial efficiency. However, because of the lack of legislative control and the incomplete theory, Should be wary of the abuse of the system, through its analysis, to find how to make reasonable use of victim understanding system in criminal trials.