浅论刑事和解与刑法基本问题之关系

On the Relationship between Criminal Reconciliation and the Basic Problems in Criminal Law

我国司法机关在对"刑事和解"进行摸索并取得不少成功经验过程中,既得到了一定程度的认可,同时也遭受着诸多质疑。我们认为刑事和解符合刑法的三大基本原则和刑罚的目的、功能,与我国"宽严相济"和"严打"等主要刑事政策也不相冲突,应作为一种新制度和新理念加以确立。

China s judicial organs have made certain attempts in the practice of criminal reconciliation and have gained some successful experiences which are accepted to some extent and are also being questioned in many aspects.This paper holds that criminal reconciliation is in agreement with the three basic principles of criminal law and the purpose and function of penalty.It also agrees with some major criminal policies,such as "kindness with severity","strike-hard campaign",etc.Therefore,criminal reconciliation s...