刑事调解范围的建构

The Construction of the Scope of Criminal Mediation

刑事调解制度是指在刑事案件中通过加害人与被害人之间面对面的接触,并经过充当中立的第三者的调解,促进当事方的沟通与交流,并确定犯罪发生后的解决方案。刑事调解具有自愿性、第三方的中立性、处理纠纷的灵活性、契约性等等。为真正实现刑事调解的制定目的,对过失犯罪案件、轻微伤害案件,初犯、认罪态度较好、社会危害性不大的且肇事方作有罪供述的,法定刑在三年以下的普通刑事案件案件以及刑事自诉案件可以进行调解。

Criminal mediation means to promote the communication among the litigants and determine the solution to crimes through face - to - face contact between the tort party and the injured party and mediation by the neutral third party. It＇s characterized with voluntariness ,neutrality of the third party,flexibility of dealing with disputes and contracts. In order to really achieve its purpose, criminal mediation can be applied to cases of negligent crimes and slight injury, cases of first offence with positive attitude in admitting crimes, cases of small bad social effect with confession, and ordinary criminal cases of less than three years of statutory punishment as well as cases of private prosecution.