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我国现处于法治建构的初级阶段,很多法律制度存在着缺陷,而刑事和解制度的规定有利于更好的调整纠纷双方当事人之间的矛盾以完善刑罚制度。而湘西土家族苗族自治州作为少数民族聚居地具有独特的人文、立法环境以及司法实践经验,为刑事和解制度的适用奠定了一定的基础,有利于湘西地区刑事纠纷的充分解决。但因湘西地区独特的法制环境,在适用刑事和解制度的同时,应当注意适用主体、适用范围、适用限度及适用程序等方面的问题。
At present, our country is in the initial stage of the construction of the rule of law. Many legal systems have flaws, and the provisions of the criminal reconciliation system are conducive to better adjusting the contradictions between the parties to the dispute so as to perfect the penalty system. The Xiangxi Tujia and Miao Autonomous Prefecture, as the habitat of ethnic minorities, has a unique humanistic and legislative environment as well as judicial practical experience. It has laid a solid foundation for the application of the criminal reconciliation system and is conducive to the full settlement of criminal disputes in western Hunan. However, due to the unique legal environment in western Hunan, while applying the criminal reconciliation system, we should pay attention to such issues as the applicable subject, scope of application, applicable limits and applicable procedures.