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刑事和解制度的功能在于有利于被害人利益的恢复,加害人回归社会,提高司法效益和促进社会和谐。但是,刑事和解制度的运行也存在着现实困境,表现为法律效果和社会效果难以统一,犯罪追诉者和矛盾调解者的身份难以统一,和解协议的功能难以有效把握,现行的法律和工作机制不能保证刑事和解制度有效运行。应当主要在理念、角色转变和配套制度的健全等方面完善刑事和解制度。
The function of the criminal reconciliation system is to facilitate the recovery of victims’ interests, return the perpetrators to society, enhance judicial efficiency and promote social harmony. However, there are also practical difficulties in the operation of the criminal reconciliation system, which is characterized by the unification of the legal effect and social effect, the unrecognized identity of the criminal prosecutor and the conflict mediator, the difficulty of the settlement agreement being effectively grasped, and the failure of the current law and working mechanism Guarantee the effective operation of criminal reconciliation system. The system of criminal reconciliation should be consummated mainly in the aspects of concept, role transformation, and supporting systems.