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刑事和解制度,是通过第三方调停,使被害人与加害人直接商谈,确定犯罪发生后的解决方案的机制。它有惩罚犯罪分子、补偿被害人、提高诉讼效率的作用,在外国已有实践。我国公诉环节已经出现了类似刑事和解的做法,并发挥了积极的作用,但作为一项制度并没有确立。随着社会危害较轻的刑事案件发案率的增加,公诉环节刑事和解制度在我国进一步推广是今后的一大趋势,将公诉环节刑事和解制度化、规范化有重要的现实意义。
The system of criminal reconciliation is a mechanism through which a third party mediates and makes the victim directly negotiate with the perpetrator to determine the solution after the crime has occurred. It has the role of punishing criminals, compensating victims and improving the efficiency of litigation, which has been practiced in foreign countries. China’s public prosecution links have emerged similar to the practice of criminal reconciliation, and played a positive role, but as a system has not been established. With the increasing incidence of criminal cases with less social harm, the further promotion of the criminal reconciliation system in the prosecution chain is a major trend in the future. It is of great practical significance to systematize and standardize the criminal reconciliation in public prosecution.