在我国现阶段,宽恕作为一个法律概念登上了历史舞台。宽恕作为受害人真实自愿的意思表示,理应成为民事纠纷中的抗辩事由,宽恕的做出也理应存在撤销的可能性,只是应当限定在某些情况中而已。当然,作为意思表示的宽恕与调解制度存在密切的联系,而且宽恕作为抗辩事由也多适用于民事调解制度中。另一方面,在刑事诉讼中,宽恕与刑事调解制度也是共存的,只是在现阶段我国并未建立刑事调解制度,所以宽恕在刑事诉讼中则游离于法律之外。但是,我国的法治建设需要也必然要求承认宽恕在刑事调解制度中作为减轻犯罪人刑罚的法定量刑情节,只是在实现这一目标前,可以暂时将宽恕作为适用缓刑的法定情节。 At this stage in our country, forgiveness boarded the historical stage as a legal concept. Forgiveness, as a true voluntary consent of the victim, said that it should be a defense in civil disputes and that forgiveness should also have the possibility of revocation, but should only be limited in some cases. Of course, there is a close relationship between forgiveness and conciliation system as the meaning, and forgiveness is mostly applied in the civil mediation system as a defense. On the other hand, in criminal proceedings, the system of forgiveness and criminal mediation also coexist, but at this stage our country did not establish a criminal mediation system, so forgiveness is free from the law in criminal proceedings. However, the construction of the rule of law in our country also needs and acknowledges the recognition of forgiveness as a statutory sentencing circumstance in the criminal mediation system to reduce the penalty of criminals. However, before this goal can be achieved, forgiveness can be provisionally used as the legal circumstance for applying probation.