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宽严相济的刑事政策在刑法及刑事诉讼法中都有较为深入的贯彻,新出台的新《刑事诉讼法》将宽严相济的刑事的刑事政策在实体法与程序法层面进行了有机统一,较为突出地体现在刑事和解制度上。在新《刑事诉讼法》出台前,刑事和解制度在司法实践中已经存在已久,但因缺乏法律明确的规定,在实践中存在各种缺陷,具体表现在适用范围不统一,赔偿标准不统一,从而导致其公正性受到质疑,产生了“花钱买刑”的不良影响,此次新《刑事诉讼法》将刑事和解制度进行了明确规定,有力地促进了刑事和解制度在我国的实施。
The criminal policy of temper justice with mercy has been carried out more thoroughly in both the criminal law and the criminal procedure law. The new “Criminal Procedure Law” promulgated the criminal policy of combining leniency and strictcy at the level of substantive law and procedural law more prominently It is reflected in the system of criminal reconciliation. Prior to the introduction of the new Code of Criminal Procedure, the criminal reconciliation system has been in existence for a long time in judicial practice. However, due to the lack of clear legal provisions, various defects exist in practice, which are manifested in the fact that the scope of application is not uniform and the standard of compensation is not uniform , Resulting in its fairness being questioned, resulting in “the expense of buying a penalty, ” the adverse effects of the new “Criminal Procedure Law” will criminal reconciliation system was clearly defined, effectively promoted the criminal reconciliation system in our country Implementation.