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在传统的刑事诉讼制度中,公权所追求的法的价值与私权所期待的法的价值存在着很大的差异。随着理论的发展和实践的深入,以刑事和解为代表的新型刑事诉讼制度逐渐走进人们的视野。刑事和解充分体现了公权和私权之间的互动关系,充分表达了公权与私权的不同价值追求,更在一定程度上求同存异,实现了公权与私权价值追求的妥协。
In the traditional system of criminal procedure, the value of the law pursued by the public right is greatly different from the value of the law expected by the private right. With the deepening of theoretical development and practice, a new type of criminal procedure represented by criminal reconciliation has gradually entered the people’s field of vision. The criminal reconciliation fully embodies the interactive relationship between public rights and private rights, fully expresses the different value pursuit of public rights and private rights, and, to a certain extent, seeks common ground while shelving differences, realizes the compromise of pursuing the value of public rights and private rights.