论第三方机构调解模式下刑事和解小组的构建

我国立法仅在审判阶段确立了公权力机关调解模式,而实践中在整个刑事诉讼程序中却普遍执行公权力机关调解模式;加害方—被害方自行和解模式和公权力机关调解模式都存在不可忽视的弊端,而第三方机构调解模式才是我国刑事和解模式的应然选择;将我国的刑事和解的调解主体暂且命名是“刑事和解小组”;恢复性司法是一种理念,而刑事和解是在恢复性司法理念指导下的一种司法模式;恢复性司法为刑事和解小组唯一的法理基础;应在恢复性司法的视野下,从法律性质、成员组成、经费保障以及启动与监督等方面构建刑事和解小组.

On the Construction of the Criminal Reconciliation Group under the Mediation Mode of Third-party Institution

The public authority mediation model was only established in the trial stage on the legislation, however,the public authority mediation mode are being commonly performed in the whole criminal procedure in practice in our country ; Both the offender - victim mediation mode and the public authority mediation model have some disadvantages that can not be ignored, so the mediation model of third party institution is the ideal choice of criminal reconciliation model in our country. The mediation subject of the criminal reconciliation was temporarily named ＂criminal reconciliation group＂ ;The criminal reconciliation is a kind of justice model under the guidance of the restorative justice regarded as a kind of ideas. The restorative justice is the only legal basis of criminal reconciliation group. Therefore, the criminal reconciliation group should be constructed under the sight of restorative justice from some aspects like the legal nature, membership, funds guarantee, startup and supervision.