刑事和解有其存在的合理性。借鉴国外及我国自诉案件的立法,可将刑事和解量刑情节法定化,但不宜作为一项与刑事自诉、刑事附带民事诉讼等相并列的诉讼制度。在刑事和解的效力上,一般情况下应当对行为人从轻处罚,情节轻微、未造成严重后果的,可以对行为人予以减轻或者免除刑事处罚。 Criminal reconciliation has its existence rationality. Drawing on the legislation of foreign countries and China’s private prosecution cases, the circumstances of the criminal settlement can be legalized, but it should not be used as a litigation system in parallel with criminal private prosecutions and civil criminal suits. In the effectiveness of criminal reconciliation, under ordinary circumstances, the perpetrator should be given lenient punishment and the circumstances are minor with no serious consequences, and the perpetrators may be relieved or exempt from criminal penalties.