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刑事和解理论近年来逐渐进入刑事诉讼领域,并已经开始上升到立法层面。与此同时,质疑和反对的声音亦不绝于耳。各地司法机关对刑事和解的尝试,虽然有益于这一理论的日益丰富,但也在一定程度上造成了执法的混乱。本文试图阐明与刑事和解相关的理论问题,以期有助于在实践中走出对刑事和解认识上的误区。
The theory of criminal reconciliation has gradually entered the field of criminal procedure in recent years and has begun to rise to the legislative level. At the same time, the voices of questioning and opposition are also heard. Attempts at criminal reconciliation by judicial organs at various localities, although beneficial to the increasingly abundant theory, have also caused confusion in law enforcement to a certain extent. This article attempts to clarify the theoretical issues related to criminal reconciliation with a view to helping to get rid of the misunderstanding of criminal reconciliation in practice.