刑事和解制度以恢复性正义理论为基础,本质地体现了契约自由的理念,能在被告人、被害人和社会和谐三者之间达到整体的正义,并能提高诉讼效率,优化配置司法资源。我国存在适用该制度的土壤,推行刑事和解制度首要前提是掌握其价值并进行准确定位。 Based on the theory of restorative justice, the criminal reconciliation system essentially embodies the concept of freedom of contract. It can achieve the overall justice between the accused, the victim and the social harmony, and can improve the efficiency of litigation and optimize the allocation of judicial resources. Our country has the soil for applying this system. The primary prerequisite for the implementation of the criminal reconciliation system is to grasp its value and accurately locate it.