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刑事调解制度即是在刑事诉讼过程中,当事人双方在自愿的前提下参与的由中立的第三方主持的对犯罪行为引发的相关问题进行平等协商解决的诉讼制度。刑事调解制度的确立与刑事诉讼法所追求的公正、效益价值相契合,调解书替代判决书并不简单的是一种争议解决手段的替换,而是将人文主义关怀融入僵硬的诉讼程序中,在某些案件中赋予当事人,但此项制度在我国实施过程中还面临着以下困境。
The system of criminal conciliation is the litigation system of equal negotiation between criminal parties involved in the process of criminal proceedings on the premise of participation by a neutral third party to solve the issues related to criminal acts. The establishment of a criminal mediation system is in line with the fair and effective value pursued by the criminal procedure law. It is not simply a replacement of the dispute resolution instrument by a mediation instead of a verdict. Rather, the integration of humanistic care into a rigid process of litigation results in Some cases are given to the parties, but this system still faces the following difficulties in the process of its implementation.