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我国地方司法实践早已对刑事和解制度进行了开拓性尝试,学界也不吝对刑事和解制度的鼓与呼,刑事和解制度的积极意义被上升到“促进社会和谐”的高度,而刑事和解制度的消极意义却甚少被提及。对刑事和解制度的过度肯定,有陷于忽视矛盾两面性的形而上学之嫌,而新刑事诉讼法对刑事和解制度的确认,更是加剧了这样一种集体无意识状态。事实上,相对于刑事和解制度的价值,其负面影响更值得分析探讨。
The local judicial practice in our country has already made pioneering attempts on the criminal reconciliation system. The academic circles are also encouraged to talk about the criminal reconciliation system. The positive meaning of the criminal reconciliation system has risen to the level of “promoting social harmony.” The criminal reconciliation system The negative aspects are rarely mentioned. The over-affirmation of the criminal reconciliation system has its own suspicion of the metaphysics of neglecting the contradictory duality. The recognition of the criminal reconciliation system by the new Criminal Procedure Law further exacerbates such a state of collective unconsciousness. In fact, the negative impact of the value of the criminal reconciliation system deserves more analysis and discussion.