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刑事和解作为一种新型纠纷解决制度,立基于和合文化、恢复性司法、司法处遇个别化和利益共赢等理念,在司法实践中行之有效但又备受争议与质疑。厘清刑事和解的内涵,明晰刑事和解的适用范围与条件,进而设计不同诉讼阶段刑事和解的适用程序,解决现行刑事和解试点中的冲突与失范,应当成为制度化构建中国范式刑事和解的实然径路。
As a new system of dispute resolution, criminal reconciliation is based on the idea of “harmony and cooperation, restorative justice, individual justice and win-win benefits”, which has been effective in the judicial practice but has been controversial and questioned. Clarifying the connotation of criminal reconciliation, clarifying the applicable scope and conditions of criminal reconciliation, and then designing applicable procedures for criminal reconciliation in different stages of litigation so as to resolve the conflicts and anomie in the current criminal reconciliation pilot should be the practical way to institutionalize the construction of China’s paradigm of criminal reconciliation .