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刑事和解作为一项有个案利益与价值的“好用”制度,并不等于其制度层面经得住合理性考验。刑事和解作为个人追诉主义的复归所导致的刑罚的不确定性将直接造成刑罚一般预防目的的式微,最终将导致整个刑法体系的崩溃和法治区别于人治的本质精髓的衰退。因此,仅仅根据其个案价值,刑事和解不能上升为制度上经得住正当性考验的合理体制。
Criminal reconciliation, as a system of “good use” with individual benefits and values, does not mean that its institutional level can not stand the test of rationality. The uncertainty of penalty caused by the reconciliation of criminal reconciliation as the personal suespotism will directly lead to the decline of the purpose of general penalty prevention and will ultimately lead to the collapse of the entire criminal law system and the ebb and flow of the rule of law from the essence of human rights. Therefore, criminal reconciliation can not rise to a reasonable system that can stand the test of legitimacy on the mere institutional basis, based solely on its case value.