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新刑诉法规定公检法机关应当对当事人和解的自愿性和合法性进行审查。但刑事和解实践中,纠纷解决与法律适用之间、“合意”和“合法”之间存在紧张关系,不仅难以发现和解是否出自当事人自愿,更难以纠正一些不合法的和解。应尽快健全被害人国家救助机制、当事人自决性自愿性保障机制、和解协议效力认定机制,将刑事和解控制在法律规定与社会接受的正义限度内,真正实现对刑事和解的有效监督。
The new Criminal Procedure Law stipulates that public security organs shall review the voluntary and legal reconciliation of parties. However, in the practice of criminal reconciliation, there is a tension between “agreement ” and “legal ” between dispute resolution and application of law. It is not only difficult to find out whether the reconciliation comes from the willingness of parties concerned, but also makes it more difficult to correct some illegal reconciliation. The state aid system for victims as soon as possible, the parties’ self-determination voluntary guarantee mechanism and the mechanism for determining the validity of the settlement agreement should be established so that the criminal reconciliation can be controlled within the limits of justice stipulated by laws and accepted by the society and the effective supervision of criminal reconciliation can be truly realized.