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刑事案件的私了从形态上分,可以分为司法体制内的私了和司法体制外私了。司法体制外的私了分为合法私了与非法私了。而本应被追诉的刑事案件当事人选择私了就是所谓非法私了。随着中国社会发生的巨大的变迁,非法私了的社会现象也愈演愈烈。历史文化传统和现实因素是非法私了现象存在和发展的根基,危害巨大,必须通过多种手段和方法才可以逐渐使其走向消亡。
The private case of a criminal case can be divided into a private case of the judicial system and a foreign case of the judicial system. The private system outside the judicial system is divided into legal private and illegal private. The parties that should have been prosecuted for choosing private crimes are the so-called illegitimate ones. With the enormous changes that have taken place in Chinese society, the phenomenon of illegal and private socialization has also intensified. Historical and cultural traditions and realistic factors are the foundation for the existence and development of illegal and private phenomena. They are extremely harmful and can only be gradually eliminated through various means and methods.