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本文以法治作为思考刑事和解的视角,探讨了死刑案件进行刑事和解的合理性。就刑事个案而言,刑事和解可以促进法治的权利保障功能,降低死刑的判决率,维护被告人的生命权。通过对被害一方进行经济补偿、道歉等方式维护被害方的合法权益,缓和被害方的对抗情绪,减少申诉上访,促进法治的秩序功能。但从法治的整体上看,刑事和解可能造成司法的重大不公,导致更大的司法腐败,最终将危及法治基础,对法治的形成产生长久消极影响。
This article takes the rule of law as the angle of thinking of criminal reconciliation and explores the rationality of criminal reconciliation in death penalty cases. In the case of criminal cases, criminal reconciliation can promote the safeguarding of the rights of the rule of law, reduce the judgment rate of death penalty, and defend the accused’s right to life. The victim’s legitimate rights and interests are protected through the economic compensation and apology of the victimized party, easing the confrontational sentiment of the victimized party, reducing appeal appeal and promoting the order function of the rule of law. Judging from the rule of law as a whole, however, criminal reconciliation may result in major injustices in the judiciary, leading to greater judicial corruption and ultimately endangering the foundation of the rule of law and long-term negative impact on the formation of the rule of law.