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我国古代法律诸法合一,行政司法合一,法律文献资料大多数都以记载国家正统的刑事立法、司法为己任,刑事和解制度由于其适用案件范围窄、适用等级低等原因很难找到系统充分的文献直接加以论证,但是刑事和解在历史上却发挥着不可替代的作用。本文试从古代社会结构、法治思想、司法行政体制三个方面分析了刑事和解盛行的原因,探讨了该制度适用的范围,以期得出其对构建当代刑事和解新体系的若干启示。
In ancient China, the legal system was unified by law and the administrative and judicial system were unified. Most of the legal documents were based on the record of the orthodox criminal legislation of the country and the administration of justice. The system of criminal reconciliation was difficult to find due to the narrow scope of applicable cases and the low level of applicability The full literature is directly justified, but criminal reconciliation has played an irreplaceable role in history. This paper attempts to analyze the reasons for the prevalence of criminal reconciliation from three aspects: the social structure in ancient China, the thought of the rule of law and the system of judicial administration, and explores the scope of application of the system so as to reach some enlightenments on constructing a new system of criminal reconciliation in contemporary China.