论刑事和解中国化

刑事和解作为一项新制度在国外已经运行若干年,在我国也有一些尝试。它符合恢复性司法理论、刑事一体化思想,具有恢复被害、恢复加害和高效率的价值,在国内外的实践中已经得到检验。我国有引入该制度的条件,也存在一些障碍。正式确立刑事和解制度需要一个过程,可以先从自诉案件等案件起步,借助社区及社区的替代逐渐展开。

Study on the Victim-offender Mediation System in China

As a new kind of system,the victim-offender mediation system has been operated for several years overseas,and also has been practiced in China recently.It accords with the restorative justice system and integration of criminal system.It has been proved that the victim-offender mediation system may restore the victims as well as the offenders and is efficient.There are not only advantages but disadvantages to introduce it into China.It is a process to establish this system and we may start from the private prosecution cases by dint of the communities and their substitutes.