重罪案件刑事和解的刑法文化解释

Criminal Reconciliation of Felony in View of Cultural Interpretation of the Criminal Law

司法实践中对于轻罪案件进行刑事和解已经取得了积极的效果,但对于重罪案件能否进行刑事和解,则存在不同的声音。有必要对重罪案件能否适用刑事和解进行本土文化的考察。我国古代社会严格禁止重罪案件刑事和解,民众的报复思想较重,这决定了重罪案件的刑事和解较难在我国开展。但是,在我国当前犯罪被害人急需物质赔偿的情况下,开展重罪刑事和解有着积极的意义,也不必然导致"以钱买刑"。世界各国刑事和解的实践也表明,重罪案件的刑事和解正在逐步展开。

Judicial practice in are different voices concerning the criminal cases for minor reconciliation has achieved positive results, but there possibility of criminal reconciliation of felony. It is necessary to examine the possibility of criminal reconciliation of felony in view of the local culture. In ancient China, criminal reconciliation of felony was strictly prohibited since people at that time favored the idea of taking revenge. As a result, it was difficult to carry out criminal reconciliation of felony in China. However in the current situation of material compensa- tion for victims being in great need, it is of great significance to achieve criminal reconciliation of felony. It doesn I necessarily lead to ＂paying to substitute punishment＂. Practice of criminal reconciliation over the world also indicates that criminal reconciliation of felony is gradually developing.