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刑事案件私了的地位可谓尴尬,一方面刑事法治的完善禁止刑事案件的私了;另一方面,在实践中刑事案件的私了却大量存在。从当事人的视角,往往是利益权衡后的理性选择。但刑事案件私了弊端众多,游离于国家秩序之外,难以实现社会控制。世界上许多国家,在恢复性司法理念下,刑事和解制度得到普遍实施。刑事和解制度是规范化、制度化的私了。我国可以引入恢复性司法理念,完善刑事和解制度,实现刑事案件私了的规范化。
The private status of criminal cases can be described as embarrassing. On the one hand, the improvement of the criminal law prohibits the criminal cases from being private; on the other hand, in practice, the criminal cases are private but exist in large numbers. From the perspective of the parties, it is often the rational choice after weighing interests. However, many criminal cases have their own drawbacks, leaving them outside the state order and making it difficult to achieve social control. In many countries in the world, under the concept of restorative justice, the criminal reconciliation system has been universally implemented. The system of criminal reconciliation is standardized and institutionalized. China can introduce the concept of restorative justice, improve the system of criminal reconciliation, and realize the standardization of criminal cases.