由于人类对付犯罪的主要手段——刑罚是以报应主义为基础的,其弊端日渐为人们所认同,刑罚因此日趋缓和、文明,刑事调解的价值也随之凸现,世界各国刑事调解立法蓬勃发展。在此背景下,我国应当借鉴国外的相关立法,完善我国的刑事调解制度,以更好地发挥这一颇具中国特色的司法制度的功能。 As human beings are the main means to deal with crimes - the penalty is based on retributivism. Its disadvantages are increasingly recognized by people. As a result, the penalties are gradually eased, and the values ​​of civilizations and criminal mediations are highlighted. The criminal mediation legislation in various countries in the world is flourishing. Against this background, our country should learn from the relevant foreign legislation, perfect the criminal mediation system in our country, and give full play to its function as a judicial system with Chinese characteristics.