构建刑事和解制度探讨

刑事和解应适用于刑事诉讼的各个阶段,原则上由人民调解委员会主持,检察机关参与到和解的各个过程,且应与社区矫正相对接,从而实现犯罪人和被害人的共同正义。

On Constructing the System of Victim-Offender Reconciliation

Originated from the western movement of restorative justice, the system of victim-offender reconciliation has the positive significance to China' s reform in criminal justice. Its theory is a combination of restorative justice theory, equity theory, narrative theory, the criminal contract theory,the? consensus theory and harmony theory. Therefore the system of victim-offender reconciliation agrees with the Zeitgeist of constructing a harmonious society and guaranteeing fair and just. Moreover, it echoes with China' s traditional conception of "Hehe" (peace and cooperation) , and meets the requirement of the penalty mitigation, which are the historical and practical foundations of the system. In constructing the system, victim-offender reconciliation should be applied to the different stages of criminal procedure. In principle, People's Mediation Committee shall be in charge of the reconciliation, and procuratorial organs shall be involved in each stage and be consistent with community rectification, so that the justice of both the malefactor and victim can be achieved.