兼顾被害人利益,促进社会和谐——兼论刑事和解制度

Taking the Victims′ Interests into Consideration,Promoting Social Harmony ——Also on the System of Criminal Reconciliation

“恢复性司法”是20世纪70年代在西方国家兴起的犯罪处理模式,作为其中最重要的刑事和解制度发展已日臻完善。追溯刑事和解制度的起源,明晰恢复性司法的基本理念的应有之义,文章主张应植根于中国传统调解的司法制度,充分吸收恢复性司法的合理因素,从创建和谐社会的现实需要出发,积极构建有中国特色的刑事和解制度。

＂Revival Judicature＂ was a crime-dealing pattern aroused in West countries during 1970s as their most important system of criminal reconciliation, which has been completed day by day. Based on the illustration of the basic theory of Revival Judicature as well as the origin of System of Criminal Reconciliation, the author proposed that we should adapt the traditional system of criminal reconciliation, make full use of rational factors of Revival Judicature, aim at making the reality of social harmony, set up Chinese-style System of criminal reconciliation actively in our counry.