理性的诘问:死刑案件中的刑事和解

作为程序性解决机制,刑事和解反映了恢复性司法的理念,它的运作契合了司法改革的目标,也有助于和谐社会的建构。由于我国缺乏刑事和解制度的规定,导致司法实践中重罪乃至死刑案件均可以和解,这必然对刑罚公正性产生巨大冲击,也容易滋生新的司法腐败。因此,在刑事和解推行过程中,应对其进行必要的规范与引导,使之发挥应有的作用。

Rational Question:the Criminal Composition in the Case of Death Penalty

As a procedural mechanism for resolving criminal conflict, the criminal composition reflects the philosophy of restorative justice.Its operation is not only compatible with the goals of the judicial reform, but also helps to build a harmonious society. Due to the lack of criminal reconciliation system, the cases of felony, even death penalty, can be reconciled in judicial practice, which is bound to have a tremendous impact on impartiality and breed new judicial corruption. Therefore, to ensure that the criminal composition will play their due role and promote reconciliation in the criminal process, we should carry out the necessary standards and guidance for them during the process of the criminal composition.