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制度只能满足大多数人即社会性的需求,其中少数人的需求会被忽略,刑事司法制度满足了人们的报复需求,却忽略了其获得补偿的愿望。所以,在个案中,得到补偿的愿望大于报复愿望的受害者希望自己的损失得到赔偿,伤害得到补偿,如果对报复和得到补偿二选其一,宁愿放弃对加害者的惩罚。如果在法律的框架内不被允许的话,只能采取规避法律的方式寻求最佳利益,这是出于人们的现实利益,也有一定的可行性,所以在人类社会中一直存在,只是碍于国家法律而一直处于地下状态。而刑事和解制度的兴起,使得这一需求在司法场域中具有了实现的可能性,并意味着刑事惩罚以另一种温和的方式得以实现。
The system can only meet the social needs of most people, among which the needs of the minority will be neglected. The criminal justice system will satisfy the people’s needs of revenge, but neglect their desire to get compensation. Therefore, in those cases, the victims who wished to be compensated more than the victims of retaliation hoped that their losses would be compensated and that the injuries would be compensated. If the two were to take revenge and get compensation, they would rather give up punishments against the perpetrators. If not allowed in the framework of the law, only to take the law to evade the law to find the best interests, which is out of real interests, but also a certain degree of feasibility, so in human society has always existed, but because of the country Law has always been underground. The rise of the criminal reconciliation system makes this demand possible in the judicial field and implies that criminal punishment can be implemented in another moderate way.