刑事和解制度兴起于西方法治国家,它强调提高被害人与社区成员在刑事司法中影响力的重要性,鼓励他们积极参与诉讼,并就犯罪善后事宜与被告人进行商讨,允许被害人与被告人达成谅解协议,最终促成刑事司法的功能从仅关注处罚被告人向兼顾被害人利益的方向转变。可见,刑事和解制度与传统犯罪理论之间存在着本质上的区别,它从另一视角解读了犯罪。因为在传统学说看来:“罪犯之所以不用对被害人赔偿损失的原因在于,他只是实施了一种针对国家而非被害人的犯罪行为。”因此,刑事和解制度软化了传统刚性的刑罚理论, The criminal reconciliation system, which emerged in western countries under the rule of law, emphasized the importance of raising the influence of victims and community members in criminal justice, encouraged them to actively participate in litigation and held discussions with defendants on the aftermath of crimes and allowed victims and defendants to reach an understanding Agreement, and ultimately promote the function of criminal justice from just the punishment of defendants to take into account the interests of the victim direction. It can be seen that there is an essential difference between the criminal reconciliation system and the traditional criminal theory, which explains the crime from another perspective. Because in the traditional doctrine it seems: “The reason why the offender does not have to compensate the victim for losses is that he has only implemented a criminal act against the state, not the victim.” Thus, the criminal reconciliation system softens the traditional rigid penal theory ,