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传统观点都是从法律的角度对刑事和解的功能及应用加以分析,但在刑事案件不断增长的今天,不得不考虑社会效率问题。刑事和解中各方主体的成本与收益是社会效益的直接体现,从成本与收益角度分析刑事和解显得很有必要,对各方主体成本与收益的分析,也能更好地了解刑事和解的合理性及其存在的问题。
The traditional viewpoints all analyze the function and application of criminal reconciliation from a legal point of view. However, with the ever-increasing criminal cases, we must consider the issue of social efficiency. The costs and benefits of all parties involved in criminal reconciliation are the direct manifestation of social benefits. It is necessary to analyze the criminal reconciliation from the perspective of costs and benefits. The analysis of the costs and benefits of all parties can also better understand the reasonableness of criminal reconciliation Sex and its problems.