理性对待刑事和解

A Rational Attitude to Victim-offender-reconciliation

刑事和解作为一种以协商合作形式恢复原有秩序的案件解决方式,为我国的刑事司法制度改革提供了一个崭新的思路。但目前由于与我国现有理念和传统的冲突,还不适合在我国完全地引入和移植。因此,借鉴和吸收该制度的合理因素,在现有制度上进行有限的修补,才是现阶段对待刑事和解的理性态度。

As a solution to restore the former order based on the negotiation and coorporation between the injured party and the in flictive party, victim-offender-reconciliation puts forward a new method judicial innovation in criminal system in China. But it is not appropriate to transplant the system totally at present due to its conflicts with the existing theories and traditions. Therefore, the right way is to think of it rationally and modify the current system by using it for reference and absorbing its good ingredients.