二十世纪中期以后,开放式的行刑制度被人们不断地认识和发展,行刑社会化、刑罚非监禁化成为当今国际对某些案件行刑的趋势之一,兴起于加拿大、美国的恢复性司法在全球范围内引起广泛关注并迅速发展,充分体现了社会的进步、文明程度的提高。在我国,有学者提出了“平和司法”的概念, 笔者认为,体现在刑事司法实践中,平和司法是指在社区等各种社会力量的参与下,政法机关采用多元化的模式矫治犯罪,维护被害人的合法权益,使 Since the middle of the twentieth century, the open execution system has been constantly recognized and developed. The socialization of executions and the non-imprisonment of penalties have become one of the trends of execution in some cases in today’s world. Restorative justice emerged in Canada and the United States. The world wide attention and rapid development, fully embodies the social progress, improve the level of civilization. In our country, some scholars have put forward the concept of “peaceful justice”. According to the author’s opinion, in the practice of criminal justice, peaceful administration of justice means that with the participation of various social forces such as the community, the political and legal organs adopt a diversified model to correct crimes and maintain The legitimate rights and interests of the victim