刑事和解制度负面效果的产生及其控制

The Negative Effects of Criminal Reconciliation and Its Control

刑事和解的负面效果在实践中有多种表现,理论上其合法性受到质疑,公众对刑事和解做法的误解,实践中操作不规范甚至出现新的违法犯罪行为。造成刑事和解制度诸多负面效果的因素较多,理论上缺乏深入研究,缺乏制度规范,监督救济机制缺乏,以及民众对其认识不够都是产生各种负面效果的原因。通过建立健全刑事和解制度,建立监督救济机制和完善被害人补偿制度可以有效地控制刑事和解的负面效果。

The negative effect of the criminal settlement with a variety of performance in practice, in theory, is challenged its legality, with the practice of public misunderstanding of the criminal settlement. There exists the practice of operating non - standard or even the emergence of new criminal acts. The negative effects of criminal settlement system are caused by, in theory, the lack of depth, lack of system of rules, supervision and the lack of relief mechanism, and not enough people are on their understanding of the negative effects produced reasons. Through the establishment of a sound system of criminal settlement, the establishment of monitoring mechanisms and improving the Victim Compensation relief system ,we can effectively control the adverse effects of the criminal settlement.