建立刑事和解不捕制度的构想——以检察业务为视角

Thoughts on the Construction of Criminal Reconciliation without Rest System

为推动刑事和解制度的建立和取得实际成效,有必要运用现代法治理念对逮捕程序进行改造。受害人与加害人达成和解的轻罪案件,对加害人可以不采取逮捕措施,即使是重罪案件也应当从宽处理。和解不捕制度具有理论和现实依据,又易于实际操作,可作为我国构建刑事和解制度的突破口。

It is necessary to apply modern concept of rule by law to the renovation on the arresting procedure in order to facilitate the construction of criminal reconciliation and to gain practical effect. In a case under which the injured reconciles with the injurer, arrest may not be carried out on the latter. An easier consideration may also be granted even in a felony case. The system of criminal reconciliation without rest has theoretic and practical basis and is easy to carry out into practice, which may become a breakthrough point in the construction of criminal reconciliation system in China.