刑事和解虽在2013年写入《刑事诉讼法》,但其适用的扩大、偏离和不确定性仍然影响着制度的落实。只有进一步破除当事人困扰,减少零和博弈;提倡被害人主体化,提升可执行性和公信力;适度引导,加强配套措施;转变法学思维,适应社会快速变化,才能扎实的推进刑事和解适用。 Although criminal reconciliation was written into the Criminal Procedure Law in 2013, its application of expansion, deviation and uncertainty still affect the implementation of the system. Only by further breaking the parties’ troubles and reducing the number of zero-sum games, advocating the victimization of the subjectivity and enhancing the enforceability and credibility of the victims, appropriately guiding and reinforcing the supporting measures, and changing the legal thinking so as to adapt to the rapid social changes can we promote the application of criminal reconciliation solidly.