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刑事和解是私权在刑事司法领域中的介入和体现,这对于平衡公权力、更好地尊重和体现被害人意愿具有积极意义,符合现代刑事政策发展的趋势。但私权在刑事司法中的介入亦应是有边界的。盲目扩大刑事和解的范围,既是私权的滥用,也是公权力的不作为。我国刑事和解制度设计还在摸索阶段,实践中还存在诸多问题,在这种情况下,大力提倡并广泛适用、特别是在杀人(既遂)案件中适用,并非理智的选择。
Criminal reconciliation is the intervention and manifestation of private rights in the field of criminal justice. It has positive significance to balance public power, to better respect and reflect the wishes of victims, and is in line with the trend of the development of modern criminal policy. However, the involvement of private rights in criminal justice should also be borderline. The blind expansion of the scope of criminal reconciliation is both abuse of private rights and omission of public power. The design of the criminal reconciliation system in our country is still at a groping stage. There are still many problems in practice. Under such circumstances, it is not a rational choice to vigorously promote and widely apply it, especially in the case of murder.