随着依法治国进程的加快,我国司法机关开始重视刑事和解制度并进行了有益的尝试。但是,这种尝试极具部门化和地区化的特点。截至目前,对于如何适用刑事和解,司法机关并未形成统一的尺度和标准。概念与基础刑事和解,是指通过调停使被害人和加害人直接交谈、共同协商达成经济赔偿和解协议后,司法机关根据具体情况作出刑事责任处置的一种诉讼活动。无论是我国的刑事法典,还是司法解释,对于公诉案件都没 With the acceleration of the process of governing the country according to law, our judiciary has begun to attach importance to the system of criminal reconciliation and has made helpful attempts. However, this attempt is very sectoral and regional characteristics. Up to now, the judiciary has not formed a unified standard and standard on how to apply criminal reconciliation. The concept and basis of criminal reconciliation refers to the victim and the perpetrator directly condemned through mediation and reached an agreement on economic compensation and settlement after the agreement, the judiciary according to the specific circumstances of a criminal responsibility to deal with a litigation activity. No matter China’s criminal code, or judicial interpretation, no case of public prosecution