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刑事和解作为一种全新的刑事司法制度和司法理念,近年来引起了中国理论界和实务界的极大关注。作为一种旨在恢复原有秩序的刑事纠纷解决方式,无论就其含义、正当性、适用范围还是对其与刑法基本原则的关系等方面均未在法律界形成统一认识,由此带来刑法理论界的自说自话及实务界的无所适从。本期特别策划围绕刑事和解中的诸多困惑进行尝试性厘清,旨在能为理论及实务界提供可资借鉴的参考和建议。
As a brand new criminal justice system and judicial concept, criminal reconciliation has aroused the great attention of Chinese theorists and practitioners in recent years. As a method of resolving criminal disputes aimed at restoring the original order, no unified understanding has been established in the legal field in terms of its meaning, justification, scope of application or its relationship with the basic principles of criminal law, thus bringing criminal law Theorists from the self-talking and practical know-how. The special planning for this issue is trying to clarify many puzzles in criminal reconciliation so as to provide references and suggestions for the theoretical and practical circles to learn from.