刑事和解的适用成效、困境及出路

刑事和解作为一种刑事案件的解决方式,为我国刑事司法制度的改革提供了崭新的思路,它具有贯彻"宽严相济"刑事政策、提高诉讼效率和节省司法资源的功能。由于各种原因,刑事和解制度在实践尚不能充分实现其承载的应有功能。基于对适用刑事和解处理刑事案件的实证研究,我国应当尽快完善刑事和解的立法规定,建立刑事和解适用所需的配套制度,以使其体现自身的合理价值。

The Practice Effect, the Puzzledom and Resolvent of Criminal Reconciliation

As a method of dispute solution, criminal reconciliation applies a new route for criminal justice reform in China, which is conducive to combining leniency and punishment in criminal policy, enhancing proceeding efficiency and saving justice resources rationally. Due to various reasons in practice, criminal reconciliation often has failed to deliver on its expectations. Based on an empirical study on criminal cases, the present study suggests that we shall optimize legislative regulations and establish all required supplementary for criminal reconciliation, so as to make it fully utilized.