公诉案件中刑事和解制度的适用问题研究

On the Application of Criminal Reconciliation Problems in Public Prosecution Case

司法实践中,刑事和解的总体适用率不高,容易陷入越"适用难"越"难适用"的恶性循环。相关法律粗疏、主导权分散、社会公众的偏见以及实施机关对舆论的顾虑共同导致了刑事和解的适用难。化解这一难题,应确立刑事和解的主导机关,防止"多龙治水"导致的不作为后果,并细化适用范围和适用步骤等,以发挥刑事和解在公诉案件中的价值功用。

In judicial practice,the overall application rate of the criminal reconciliation is not high and the case types of its successful applications lack variety,so it is easy to fall into the vicious circle of the ＂more difficult for application＂,the＂more difficult to apply＂. The reason is that the relevant laws of current criminal reconciliation are careless,their leading right needs to be made clear,and the environment and ideas of criminal reconciliation need to be cultivated. It is better to make court the leading organ of the criminal reconciliation,to give scientific definition to the scope of the it,to set up the dual core mode which takes the court and the parties as the main body,and to refine the application procedure of criminal reconciliation continuously in cases of public prosecution. By taking reconciliation as reference to sentencing,and guaranteeing the extension of its optimization,the criminal reconciliation can play a great role in public prosecution cases.