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刑事和解是指犯罪发生之后,仅由调停人使受害人与加害人直接交谈,共同协商解决刑事纠纷的活动。这种处理刑事案件的方法在我国古代和近代均能找到它的历史渊源。它体现了以人为本的法律价值,符合构建和谐社会的要求、有利于矛盾纠纷的解决,得到了广泛的认同。刑事和解制度的科学设计应以促进被破坏社会关系的修复、构建和谐社会为目标。
Criminal reconciliation means that after the crime occurs, only the mediator can make the victim directly talk with the perpetrator and jointly negotiate to settle the criminal dispute. This method of handling criminal cases can find its historical origins both in ancient and modern China. It embodies the legal value of people-oriented, in line with the requirements of building a harmonious society, is conducive to the settlement of conflicts and disputes, has been widely recognized. The scientific design of criminal reconciliation system should aim at promoting the restoration of destroyed social relations and building a harmonious society.