论刑事和解制度的构建

利用刑事和解的方式,从单纯的依靠打击犯罪维护稳定上升到通过化解社会矛盾维护和谐,我国司法机关也一直在进行着有益的探索与尝试,并积累了一定的实践经验。刑事和解适应了当前轻刑化的理念,既有利于提高诉讼效率、降低诉讼成本,保护被害人的合法权益,也有利于化解矛盾、促进社会和谐。刑事和解对于解决轻微刑事案件、有效化解社会矛盾、更好地维护被害人的利益具有重要的现实价值。

On the Establishment of Criminal Conciliation

Implement the Criminal Policy of Tempering Justice with Mercy and construct socialism harmonious society is the great historical mission that the Central Party Committee and the country propose for law enforcement authorities at present stage, which requires indepth practice in the handling of cases to resolve social conflicts, and promote the construction of harmonious society. Using the criminal reconciliation＇s way, from simple relience on stable against crimes rose to maintain harmony by solving the contradictions, the judicial organs of China also have been conducting the beneficial exploration and attempt, and accumulated a certain amount of experience. Adapted to the current criminal settlement lightcrucifixion concept, Criminal reconciliation is not only helping improve the efficiency and reduce litigation costs, help protect the lawful rights and interests of victims, but also is conducive to resolve conflicts and promote social harmony. Criminal settlement to resolve minor criminal cases for effectively and resolve social conflicts, better protect the interests of victims has important practical value.