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两大法系刑事和解的运行模式虽各有特色,但仍有诸多共性。恢复正义理论试图通过以被害人心理康复为目标和对正义的整体观念为基础的社会规范恢复来重构对犯罪人的回应。刑事和解制度对人本观念的注重、法治精神的追求和合意思想的提倡,与我国建设和谐社会的方向相一致。我国刑事和解制度的具体适用案件范围;适用阶段;由谁提起;参加主体;司法控制与监督;扩大检察官的自由裁量权和不起诉范围,引进缓起诉措施;刑事和解的法律后果;增强社区的参与力度。
Although the operating modes of the two major legal systems of criminal reconciliation have their own characteristics, they still have many common features. The theory of recovery justice attempts to reconstruct the response to the perpetrators through the restoration of social norms based on the psychological rehabilitation of the victims and on the overall concept of justice. The focus of the criminal reconciliation system on the notion of humanism, the pursuit of the spirit of the rule of law and the promotion of consensual ideology are consistent with the direction of building a harmonious society in our country. The scope of the specific applicable cases of the criminal reconciliation system in our country; the stage of application; who should bring it up; the main body of participation; the judicial control and supervision; the expansion of the prosecutor’s discretion and the scope of non-prosecution; the introduction of a lawsuit; the legal consequences of criminal reconciliation; The intensity of participation.