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刑事和解是指在犯罪后经由调停人的帮助,使加害者与被害者直接相谈、协商,解决纠纷或冲突的一种刑事司法制度。我国现行法律没有明确规定刑事和解制度,但是刑事和解已悄然兴起,并且取得了良好的法律效果和社会效果。我国的刑事和解面临着一定的困境,在理论上表现为与罪刑法定原则、罪责刑相适应原则、法律面前人人平等原则、刑罚目的的冲突等。因此,应对刑事和解与刑法理论的冲突加以解决,并通过一系列的措施使得刑事和解走出困境,找到其出路。
Criminal reconciliation refers to a kind of criminal justice system with the help of the mediator after the crime so that the perpetrator directly talks with the victim, negotiates and settles disputes or conflicts. However, the criminal reconciliation has quietly risen and has achieved good legal and social effects. The criminal reconciliation in our country is facing certain predicaments. In theory, it manifests itself in the principles of legality and principle of crime and punishment, principle of equality before crime, and the purpose of punishment. Therefore, the conflict between criminal reconciliation and criminal law should be solved and a series of measures should be taken to get criminal reconciliation out of the predicament and find its way out.