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刑事和解诞生于我国基层的司法实践,是近年来我国刑事法领域中的热门话题之一,对于该制度的评析应该包括其积极价值和负面效应两个方面。实务中,加害人和被害人达成经济赔偿协议并由公安司法机关确认,并不存在争议,关键问题在于加害人认罪悔过、积极赔偿具有何种刑事法效果。就刑事和解的正当性而言,首先必须关注它是否混淆了民、刑两种不同的法律关系;其次需要对“以钱买刑”的质疑作证明回应;最后可以追问一句,刑事和解究竟是否是一种公正的实践理性。
Criminal reconciliation was born in the grassroots judicial practice in our country. It is one of the hot topics in the field of criminal law in our country in recent years. The evaluation of the system should include two aspects: its positive value and negative effect. In practice, it is not controversial that the perpetrator and the victim reached an agreement on economic compensation and the public security and judicial organs have confirmed that the key issue lies in the guilty plea repealed by the perpetrator and the positive compensation for the criminal law. As far as the legitimacy of criminal reconciliation is concerned, we must first pay attention to whether it confuses the two different legal relations between the people and the criminal. Second, we need to prove the challenge of the question of “using the money to buy a criminal”. Finally, we can ask one thing: criminal reconciliation Whether it is a fair practical reason.