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当前我国立法严禁除告诉才处理犯罪外的其他犯罪被私了。因刑事纠纷当事人逐利心理及监管机制缺陷,致使具有合情理表象的刑事私了在现实生活中屡禁不止且有蔓延之态势。立法将轻微刑事案件纳入可私了范围、在司法实践中附条件认可刑事私了协议中民事赔偿内容并加大参与非法私了的加害人刑事处罚力度,不失为当前我国引导、规制刑事私了的有效之策。
At present, our country’s legislation prohibits the criminalization of crimes other than those reported before. Because of the criminal interests of parties involved in fierce pursuit of compensation and the lack of regulatory mechanisms, resulting in a reasonable appearance of criminal private in the real life, repeated and prohibited and there is a spread of the situation. Legislation will be included in the minor criminal cases can be privately owned, in judicial practice, conditional recognition of criminal private agreements in civil compensation and increased participation in illegal private criminal penalties, after all, China’s current guidance and regulation of criminal private Effective policy.