刑事和解负面问题探因——以其理论渊源为视角

刑事和解的负面问题并非仅仅是由制度局限所引起的,其理论渊源上存在的消极因素一直影响着刑事和解的实践运行和最终完善.平衡理论、叙说理论和恢复正义理论令刑事和解在刑法基本原则、刑法目的实现、司法效益提高、民众普遍认同等问题上出现的劣势不容忽视.继续深化和拓展刑事和解的理论渊源应当是刑事和解完善的重要组成部分.

Exploring the Causes of the Negative Issues of Criminal Reconciliation——On the View of the Theoretical Origins

The basic defects of criminal reconciliation were not any caused by systematic limit,the negative factors in the theoretical origins had been effecting the practical operations and perfected finally.There was an indispensable issues that the restrictions had been made by the Equity theory,the narrative theory and the restorative justice theory on the basic principles of criminal law,the achievement of purpose,the raising of judicature efficiency,the identify of common people and so on.Keep going to expand the theoretical origins of criminal reconciliation should be very important part to perfect it.