刑事和解的若干问题浅析

An Analysis on the Criminal Reconciliation

近年来,刑事和解制度的引进在理论界和实务界正在形成一股研讨浪潮,其中有诸多成果和争议,也有积极的倡导和谨慎的质疑。虽然我国尚未确立刑事和解制度,但在现实中,刑事和解正在成为一项逐渐被赋予理论正当性与可行性的刑事司法制度。

In recent years, the introduction of the system of criminal reconciliation has aroused a heated discussion in both theoretical field and practice. There are some achievements from the discussion about the system as well as controversy. There are active advocates and cautious queries. The system of criminal rec- onciliation has not been set up yet in our country, but actually the criminal reconciliation is becoming a criminal judicial system entrusted theoretical rationality and practical feasibility.