刑事和解罪刑均衡问题探析——以刑事责任为视角

Research on Equal Penalty for Crime in Criminal Reconciliation——From the View of Criminal Responsibility

刑事和解同罪刑均衡原则的契合问题离不开责任理论的展开与探讨,现代刑事法治所提倡的责任多元化被刑事和解积极引入并充分发挥。但是,责任理论本身的拓展仍不能回避关于责任的来源、归责、裁量等具体问题的考察与追问,刑事和解在这些方面碰到的固有问题还需得到进一步的解决。

The correspondence between criminal reconciliation and principle of suiting punishment to crime can hardly without the development and discussion on the theory of criminal responsibility. The di- versification of responsibility advocated by the modern criminal law has been intrduced and developed fully. But its own further development can＇t shift off the specific problems on the origin,imputation and discre- tion of the criminal responsibility. The inherent problems on criminal reconciliation remain to be further solved.