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刑事和解协议是刑事和解制度化路径中的关键点,因其具有契约和司法文书的双重属性,其要素和格式必须完备规范,其法律效力的来源和实现途径也具有不同于普通契约和司法文书的特点,其无效后的处理应区别情况慎重对待。
The criminal reconciliation agreement is the key point in the institutionalization of criminal reconciliation. Because of its double attributes of contract and judicial documents, the elements and forms of criminal reconciliation must be fully regulated. The sources and ways of realization of legal validity are also different from ordinary contracts and judicial documents The characteristics of its treatment after the invalid should be treated differently.