审判过程中,法官、被告人、被害人三者从成本与收益的角度出发,各方的最优选择均是法官介入刑事和解。法官作为审判者,从利益角度介入和解,造成角色冲突。法官、被告人、被害人最优选择的结果会与刑诉法规定的自愿性原则相违,同时由于当前司法绩效指标及权力运行的失范,使得刑事和解的自愿性难以得到保障。有必要从内外两个方面对刑事和解中法官及当事人的行为作出相应的规范和应道,以达到优化刑事和解的目的,更好的促进公正。 During the trial, judges, defendants and victims from the perspective of cost and profit, the optimal choice of all parties involved in criminal reconciliation of judges. Judges, as judges, intervened in reconciliation from the angle of interests, causing conflicts of roles. Judges, defendants and victims of the optimal choice of results will be contrary to the principle of voluntariness provided by the Criminal Procedure Law. At the same time, due to the current judicial performance indicators and the loss of power operation, the voluntary nature of criminal reconciliation is hard to be guaranteed. It is necessary to regulate the behavior of judges and parties in criminal reconciliation from both inside and outside in order to optimize the purpose of criminal reconciliation and promote fairness better.