法治与情理视野下的刑事和解制度再探

The Further Research on Victim-offender-reconciliation System in the Perspective of Law and Reason

我国新刑事诉讼法将刑事和解作为一种特别程序首次入法。该文试结合新刑事诉讼法关于刑事和解程序的相关规定,对刑事和解的理论依据、适用条件、适用范围以及与相关程序的衔接等方面进行深入分析,并针对其存在的问题提出了相应的完善建议,以期能够对刑事和解制度的规范化运行有所贡献。

The Criminal Procedure Law in 2012 puts ＂Victim -offender- reconciliation＂ as a special procedure into laws, besides rules applicable conditions and scope according to three macroscopic frameworks, thus it makes a contribution to dealing with the mess of Victim - offender - reconciliation in practice. When we affirm its progress, we must recognize that it does not solve the problems fundamentally in its application, this article combines rules of the ＂Criminal Procedure Law＂, and carries out further analysis on its theory basis, applicable conditions, applicable scope and so on, finally puts forward the relevant suggestions to the questions, in order to be beneficial to standardized operation of victim -offender- reconciliation.