契约视角下的刑事和解

Criminal reconciliation under the contract perspective

刑事和解是一种以协商为特征的纠纷解决方式,旨在被害人获得损害赔偿,犯罪人获得宽恕谅解,社会秩序得到恢复。刑事和解的本质是刑事法领域中的契约关系,鉴于刑事法的内在特性,需要对刑事和解进行理性定位和科学设计。

Criminal reconciliation is a method to resolve the dispute, which took negotiation as its characteristics, so that victims obtain damages, perpetrators obtain mercy and understanding, and social order can be restored. The essence of criminal reconciliation is the contractual relation in the field of criminal law. In view of the inherent characteristics of the criminal law, criminal reconciliation should be rationally oriented and scientifically designed.