论审查起诉阶段刑事和解模式的构建

2013年1月1日生效的新《刑事诉讼法》在特殊程序一章中,首次确立了当事人和解的公诉案件诉讼程序,这标志着运行多年的刑事和解制度在立法上获得了确认。审查起诉阶段的刑事和解是刑事和解制度的重要组成部分,也是检察权运行的重要载体。基于对该阶段检察机关作用的实践考察,刑事和解实践模式可分为检察机关参与模式和主导模式。通过对这两种实践模式的理论分析,指出未来审查起诉阶段刑事和解应当以能动监督模式作为发展方向。

On the Construction of the Criminal Reconciliation Model at the Stage of Review and Prosecution

The criminal reconciliation system was firstly established in the chapter of special procedures of Criminal Procedure Law which entries into force on January 1, 2013. It means the criminal reconciliation system was confirmed by the legislation. The criminal reconciliation at the stage of review and prosecution is not only an important part of the criminal reconciliation system but also an important carrier of procuratorial power. Based on the practical inspection of the procuratorial organs’ function, the criminal reconciliation at the stage of review and prosecution can be divided into the prosecutor-involved mode and the prosecutor-oriented mode. Through the theoretical analysis of these two modes, this thesis points out that the dynamic supervising mode should be the development direction of criminal reconciliation at the stage of review and prosecution.