我国刑事和解制度初探——以和谐社会为语境

A Brief Study on the Criminal Reconciliation System in China

刑事和解制度在英美法系国家已经比较成熟,但在我国还一直停留在尝试阶段。在构建社会主义和谐社会的大背景下,作为一种解决纠纷的机制,我国有必要引进,用于解决那些比较轻微的刑事案件,恢复被破坏的社会关系,缓和双方当事人之间的紧张关系等,达到社会的真正和谐,构建社会主义和谐社会。目前,刑事和解制度在我国已经有了生存的土壤,北京、湖南等地的司法机关也做了积极的实践,因此,在构建社会主义和谐社会的环境下建立刑事和解制度是可行之策。

The criminal reconciliation system has been mature in the countries with British- American legal system, but it still is being attempted in China. During the construction of socialist harmonious society, it is necessary for us to introduce the criminal reconciliation as one of solutions to dispute. Then we can deal with slight criminal cases, restore the broken social relations, mitigate the tense relationship between the bilateral litigants, and so on, so as to really realize social harmony and construct a socialist harmonious society. Currently, we have set up legal conditions for the criminal reconciliation system, and the judicial branches in places such as Beijing, Hunan Provinces, and so on. have made some active practices. Therefore, it is feasible to establish the criminal reconciliation system while we are building the socialist harmonious society.