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近年来,我国法学界对于刑事和解制度已有较多讨论和研究,刑事和解的意义和作用也得到了普遍的肯定和认同。但刑事和解是否存在一定风险和弊端,理论界对此关注不多。本期笔谈的各位学者分别从刑事和解的潜在风险、认识误区、适用空间拓展、制度构建中的困境以及其与刑法基本原则间的矛盾等角度进行探讨,以期进一步完善我国刑事和解制度。
In recent years, there has been more discussion and research on the system of criminal reconciliation in China’s jurisprudence. The significance and role of criminal reconciliation have also been generally affirmed and recognized. However, there are some risks and malpractices in criminal reconciliation, and theorists pay little attention to it. The scholars in this issue respectively discuss the potential risks of criminal reconciliation, misunderstandings, applicable space expansion, the dilemma of institutional construction and the contradiction between them and the basic principles of criminal law, with a view to further improving the criminal reconciliation system in our country.