刑事和解已成为法学界关注的热点问题。刑事法学界围绕刑事和解的理论与实践等基本问题进行了一定的探讨,并形成了我国刑事和解制度构建的不同观点。然而,关于刑事和解制度宪政基础的研究并没有随着相关讨论的展开而日见清晰,这种模糊状态存在的原因主要是学界对刑事和解制度宪政依据的挖掘和认识不够。刑事和解制度宪政依据的研究,对刑事和解制度的建立与顺畅运行意义重大。 Criminal reconciliation has become a hot issue in law circles. The criminal jurisprudence circle has discussed some basic issues such as the theory and practice of criminal reconciliation, and has formed different viewpoints of constructing the criminal reconciliation system in our country. However, the research on the constitutional basis of the criminal reconciliation system has not become clear with the development of the relevant discussions. The reason for this vague state lies in the fact that the academic community did not sufficiently excavate and understand the constitutional basis of the criminal reconciliation system. The research on the constitutional basis of the criminal reconciliation system is of great significance to the establishment and smooth running of the criminal reconciliation system.