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刑事和解源于我国古代“非讼”“和合”的文化传统和私下调解的民间习惯,但在学习西方法治、建立我国现代司法体系的过程中,刑事和解被排除出制定法的范畴。近年来,随着司法实务部门的不断探索实践,刑事和解的价值被重新发现和重视,刑事和解从最初的非正式规则逐步转变为正式规则并最终成为制定法。从刑事和解的发展过程可以看出,民间习惯进入刑事立法具有必要性,但需要符合必要的条件,需要经过司法实践的反复检验。
The criminal reconciliation originated from the folk traditions of cultural traditions and private mediations in ancient China. However, during the study of Western law and order and the establishment of a modern judicial system in our country, criminal reconciliation was excluded from the formulation of laws category. In recent years, with the continuous exploration and practice of judicial substantive departments, the value of criminal reconciliation has been rediscovered and valued. Criminal reconciliation has been gradually transformed from initial informal rules to formal rules and finally into statutory laws. It can be seen from the development process of criminal reconciliation that it is necessary for civil customs to enter the criminal legislation, but they need to meet the necessary conditions and need to be tested repeatedly through judicial practice.