刑事和解制度功能发挥的“二维困境”及其疏解——基于S省H市刑事和解案件审理情况的实证考察

The Two-dimensional Predicaments of the Function Execution of Criminal Reconciliation System and Its Solutions——Based on the Empirical Observation of Criminal Reconciliation Cases in H City of S Province

刑事和解制度的实践效果不佳,屡屡陷入以"适用难"和"适用乱"为特征的"二维困境"。具体表现为刑事和解的适用比例持续走低、适用范围较为混乱、适用程序相对随意、适用标准参差不齐等特点。适用范围过窄、适用条件不明、赔偿尺度弹性过大、民众认识不清等因素,对刑事和解制度功能的发挥构成阻滞。建议从限定适用条件、明确主导机构、优化流程管控、强化监督制约、创设救济渠道等层面多管齐下,共同推动刑事和解制度功能的科学发挥。

Criminal reconciliation system is not effective in practice and is often put into the two-dimensional predicaments of ＂ being difficult to apply＂ and ＂ being disorderly in application＂. The applicable proportion of criminal reconciliation system is low in judicial practice and the scope of application is in disorder. The applicable procedure is casual and the applicable criterion is not consistent. The factors of narrow scope of application,ambiguous condition of application,high flexibility of compensation and misunderstanding of the public have constituted barriers as to the full execution of the function of criminal reconciliation system. This paper suggests promoting the scientific execution of its function by limiting application conditions,prescribing clearly the leading organization,optimizing procedure supervision,reinforcing supervision and restraint and setting up remedy channels.