概念是学术研究的逻辑起点。刑事和解作为新型司法关系的创举,引起了学界高度关注并引发研究热潮,但至今学界尚未形成统一概念。①不同的定义表面上是学者对刑事和解参与者、存在的范围等的不同看法,实质上是对架构刑事和解制度的内在正当性依据的分歧。 The concept is the logical starting point for academic research. As a pioneering act of new judicial relations, criminal reconciliation has aroused great attention of the academic circles and triggered a research craze. However, up to now, no unified concept has been formed in the academic circles. ① The different definitions are ostensibly different views of scholars on the participants in criminal reconciliation and the scope of their existence. They are essentially differences on the inherent legitimacy of the criminal reconciliation system.