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刑事和解制度历经数年司法实践,最终以立法形式确定,成为中国刑事诉讼框架内的一项最基本制度,为司法工作人员正确行使国家司法公权,有效处理惩罚犯罪与保障人权的关系,维护社会和谐稳定提供了有效途径。而若准确把握和执行刑事和解制度,则需透彻理解其背后的基础理论,如传统刑事司法模式之不足、国家权力让渡、西方和解理论与中国“和”文化等。
After several years of judicial practice, the criminal reconciliation system has finally been established in the form of legislation and has become one of the most basic systems within the framework of China’s criminal procedure. It has provided the judicial staff with the correct exercise of the judicial power of the state, the effective handling of the relationship between criminal punishment and the protection of human rights, Social harmony and stability provide an effective way. If we accurately grasp and implement the criminal reconciliation system, we must thoroughly understand the basic theories behind it, such as the lack of traditional criminal justice modes, the transfer of state power, the theory of Western reconciliation and the culture of China.