随着社会文明程度的提高,在人权保障的视野下,刑罚逐渐从严酷走向缓和。刑事和解制度顺应了当今世界刑事立法与司法的轻缓化和人道化的发展趋势。但是,作为一种新的制度体系,刑事和解在本土化进程中发挥了其积极价值的同时也面临不少问题和隐患。因此分析这些问题和隐患,提出完善刑事和解的思路,将对立法和实践有所裨益。 With the improvement of social civilization, under the protection of human rights, penalties gradually move from harsh to relaxed. The system of criminal reconciliation conforms to the trend of de-mitigation and humane development of criminal legislation and judicature in the world today. However, as a new institutional system, criminal reconciliation has exerted its positive value in the localization process as well as facing many problems and risks. Therefore, analyzing these problems and hidden dangers and putting forward the idea of ​​perfecting the criminal reconciliation will benefit the legislation and practice.