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作为一种新型的刑事案件纠纷解决机制,刑事和解制度的存在有其存在的依据,包括符合罪刑法定原则的价值取向,与罪刑相适应原则和法律面前人人平等原则相一致。关于死刑案件是否适用刑事和解,提出了死刑案件适用刑事和解的案件范围及条件,并且阐释了刑事和解在我国死刑案件中适用的正当性,其与刑罚个别化理论相契合,践行了刑罚的正义价值,同时对限制死刑具有积极意义。
As a new type of dispute resolution mechanism for criminal cases, the existence of criminal reconciliation system has its existence basis, including the value orientation in line with the statutory principle of crime and punishment, which is consistent with the principle that the principle of suiting for crimes and punishment is equal to the principle of equality before the law. On the application of criminal reconciliation in death penalty cases, this article puts forward the scope and conditions of criminal reconciliation in death penalty cases and expounds the justification of criminal reconciliation in the death penalty cases of our country, which is in line with the individualization of punishment and implements the penalty The value of justice, while limiting the death penalty has a positive meaning.