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近年来刑事和解被视为我国司法改革的热点之一,理论和实践都对这项制度的建立进行着有益的探索,然而意见不一、做法各异的局面却严重侵蚀着法律的严肃性。目前我们亟需建立统一的刑事和解制度。本文通过对刑事诉讼各个诉讼阶段的特点进行分析,同时对一些地方司法部门的实践进行研究和总结,尝试指出刑事和解所适合的诉讼阶段及相关制度的设置。
In recent years, criminal reconciliation is regarded as one of the hot spots of judicial reform in our country. Both theory and practice have made useful explorations into the establishment of this system. However, different opinions and different practices have seriously eroded the seriousness of the law. At present, we urgently need to establish a unified system of criminal reconciliation. This article analyzes the characteristics of each litigation stage of criminal procedure, at the same time, it studies and summarizes the practice of some local judicial departments and attempts to point out the stage of litigation and the setting of related systems suitable for criminal reconciliation.