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21世纪以来恢复性司法浪潮的掀起,刑事和解制度逐渐在我国建立起来,它对我国传统刑事司法理念和模式提出了挑战。在推行刑事和解制度的进程中,既展现了其独特的制度优势,但在具体实践中也暴露出了一些问题。文章试图从制度层面对刑事和解进行分析,并结合我国目前的刑事和解实践进一步探讨合理的制度设计。
Since the wave of restorative justice in the 21st century, the system of criminal reconciliation has gradually been established in our country. It has posed a challenge to the traditional concept of criminal justice in our country. In the process of implementing the system of criminal reconciliation, it not only demonstrated its unique institutional advantages, but also exposed some problems in its concrete practice. The article attempts to analyze the criminal reconciliation from the system level and to further explore the reasonable system design with the current practice of criminal reconciliation in our country.