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刑事和解作为我国贯彻宽严相济刑事政策的一项新举措,其意在化解社会矛盾,是我国刑事法治理念的一次跨越。然而,在当前法治环境下,如何避免该项制度异化,消除“花钱买刑”的质疑成为往后实践中必须着力解决的关键性问题。本文从交通肇事罪的角度,阐述刑事和解语境下必须兼顾被害人利益与量刑的社会效果,否则会违背刑事和解的原义,甚至触及公平底线。
As a new measure of implementing the criminal policy of temper justice with mercy, our criminal reconciliation aims at resolving social conflicts and is a leap forward in the concept of criminal law in our country. However, under the current environment of the rule of law, how to avoid the alienation of the system and eliminate the question of “paying money for punishment” have become the key issues that must be tackled in the future practice. From the angle of crime of traffic accident, this article elaborates the social effects that the interests of victims and sentencing must be taken into account in the context of criminal reconciliation. Otherwise, it will violate the original meaning of criminal reconciliation and even reach the bottom line of fairness.