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刑事和解的理念基础之一是恢复性正义的理念,它取代古老和传统的报应性正义,刑事和解存在的基础之二是新型的国家与社会关系形态。刑事和解存在着理念困境与自身困境。刑事和解后,检察官根据刑事和解的结果,在公诉中行使自由裁量权后可以有三种结果:一是和解不起诉,二是和解暂缓起诉,三是和解起诉。检察机关开展刑事和解的前提:一是严格适用范围,二是严格意思表示,三是严格操作程序。同时要注意建立对检察机关刑事和解的监督机制。
One of the foundations of the concept of criminal reconciliation is the concept of restorative justice, which replaces the ancient and the traditional retributive justice. The basis of the existence of criminal reconciliation is the new form of state-society relations. Criminal reconciliation exists the dilemma of philosophy and its own predicament. After the criminal reconciliation, the prosecutor, according to the result of criminal reconciliation, can exercise his discretion in public prosecution after three kinds of results can be obtained: one is the non-prosecution of reconciliation; the other is the suspension of prosecution for reconciliation; the third is the solution and prosecution. Prosecutors to carry out the premise of criminal reconciliation: First, the strict application of the second is the strict meaning that the third is the strict operating procedures. At the same time, attention should be paid to establishing a supervision mechanism for the criminal reconciliation of procuratorial organs.