刑事和解是指在刑事诉讼中,加害人以认罪、道歉和赔偿等形式与被害人达成和解后,国家专门机关对加害人减轻、从轻处罚,或者免除处罚,不追究刑事责任的制度。它是一种以协商形式恢复被加害人破坏之原有秩序的刑事案件解决方式。通过研读近年来法学界有关学者关于刑事和解制度的论述,笔者发现多数学者认为目前世界上所推崇的“刑事和解”制度是西方刑事法学的创举。例如, Criminal reconciliation refers to the system in which a criminal prosecutor, after the perpetrator has reached a settlement with the victim in the form of guilty plea, apology and indemnity, reduces the punishment imposed on the perpetrator by the specialized agencies of the state, or exempts the punishment from criminal responsibility. It is a form of negotiated settlement of criminal cases that was ruined by the perpetrators. By studying the scholars’ dissertation on the criminal reconciliation system in recent years, I find that most scholars think that the system of “criminal reconciliation” advocated in the world is the creation of western criminal law. E.g,