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刑事和解作为一种新型的刑事问题的解决方式,目前不但得到学术界和实务界的广泛认同,也受到新闻媒体的广泛关注。但是,刑事和解制度本身的法律地位尚未被立法确认,没有统一的立法和司法解释予以规定,加之刑事和解所依据的宽严相济刑事政策比较笼统,散见于相关文件及司法解释中,指导性和可操作性不强,导致刑事和解制度实践中存在许多误区。
As a new solution to criminal problems, criminal reconciliation has not only been widely accepted by academics and practitioners, but also been widely concerned by the news media. However, the legal status of the criminal reconciliation system itself has not yet been confirmed by the legislation and is not regulated by uniform legislation and judicial interpretation. Besides, the criminal policy of leniency and strictcy based on criminal reconciliation is more general and can be found in relevant documents and judicial interpretations. The operability is not strong, resulting in many misunderstandings in the practice of criminal reconciliation system.