刑事和解在我国的实践、立法与完善

On Practice,Legislation and Perfection of Criminal Settlement in China

近年来,作为一种全新的犯罪应对模式,刑事和解已成为我国理论界和实务界关注的焦点。我国有些地方司法机关对此积极探索并取得了良好效果,但是还存在和解手段、模式单一化,配套机制不健全等问题。应从倡导和解手段多样化、推广和解模式多元化、建立健全和解配套机制等方面予以完善,力求对刑事和解价值的实现有所裨益。

In recent years, as a new pattern of responses to crime, the criminal settlement has become the focus of China＇s theoretical circles and community of practice. The judiciary in some places of China has been actively exploring and achieved good results, but there are still problems in simplification of settlement means and mode and unsound supporting mechanism. It should be perfected to advocate the diversification of settlement means, promote the diversification of settlement mode and establish and perfect the supporting mecha-nism for settlement, and strive to be beneficial to the realization of the value of criminal settlement.