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随着理论与实践的发展,作为传统意义公法的刑法,逐渐出现私法化的倾向。刑法私法化的主要表现形式,就是刑事和解制度的出现。作为新兴事物,刑事和解既有其积极价值,也有其消极价值。为了有效防止刑法被进一步软化,增强刑法的权威性和强制性,从立法、司法等方面予以规定,以协调刑法司法化与刑罚的目的间的关系,解决其与罪刑法定、法律面前人人平等基本原则的冲突,更好地实现刑法的人权保障机能。
With the development of theory and practice, the criminal law as the traditional public law has gradually tended to be privately legalized. The main manifestation of the private law of criminal law is the emergence of criminal reconciliation system. As a new thing, criminal reconciliation has both its positive value and its negative value. In order to effectively prevent the criminal law from being further softened, to enhance the authority and compulsion of criminal law, and to provide provisions in legislation and administration of justice so as to coordinate the relationship between the criminalization of criminal law and the purpose of criminal punishment and to settle their equality with the statutory and legal provisions The conflict of the basic principles and the better realization of the human rights protection function of criminal law.