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刑事和解是西方社会情境下孕育出来的一种新的刑事法思潮,它对西方的刑事立法和司法实践产生了深远的影响。基于对刑事和解制度与规范刑法学系列理论“表象背弃”的相关论说的否证,为几度蒙冤的刑事和解制度进行了辩护。从刑法的个人本位转向、被害人学及恢复性正义的理论支撑视域论证了刑事和解制度与中国“权威”规范刑事法理论存有内在理路的暗合,并从中国“和为贵”道德观念、公众的社会心理、经济绩效及宽严相济刑事政策等视角对该制度进行了理论纠偏与价值辩正,相应地在中国特色社会主义社会背景下型塑了中国的刑事和解制度构架。
Criminal reconciliation is a new wave of criminal law that has been born under the circumstance of Western society and has had a profound impact on the criminal legislation and judicial practice in the West. Based on the negation of the criminal reconciliation system and the normative theory of criminal jurisprudence, the doctrine of “abandoning appearances” has defended the system of criminal reconciliation, which has been grieved for so long. From the individual standard of criminal law to the theory of victimology and restorative justice, it supports that the system of criminal reconciliation has an inherent logical relationship with China’s “authority” to regulate the criminal law theory. From the angle of “ This dissertation has made a theoretical correction and a justification of the value of the system from the perspectives of ”moral values, public psychology, economic performance and criminal policy of tempering justice with mercy". Correspondingly, China’s system of criminal reconciliation has been shaped under the background of socialism with Chinese characteristics.