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2012年新修订的《刑事诉讼法》在第五编第二章规定了当事人和解的公诉案件诉讼程序,并对和解情形、和解协议书及其效力作出明文规定,正式将公诉案件纳入刑事和解的范畴。这对修复因犯罪破裂的社会关系、深层次解决被害人与加害人之间的矛盾具有重大意义,也是和谐社会的内在要求。但我国公诉案件的刑事和解尚处于初期阶段,需要进一步完善。
In 2012, the newly revised Criminal Procedure Law stipulates the procedures of public prosecution for the parties’ reconciliation in Chapter II of Part V, and makes clear provisions on the reconciliation case, the reconciliation agreement and its effect, and formally includes public prosecution cases in criminal reconciliation category. This is of great significance to the settlement of the social relations ruptured by crime and to resolving the contradiction between the victim and the perpetrator at a deeper level. It is also an inherent requirement of a harmonious society. However, the criminal reconciliation in China’s public prosecution cases is still in its infancy and needs further improvement.