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目前,对于将刑事和解制度正式引入我国刑事诉讼程序已取得了广泛的认同,但对于其究竟可以适用于哪些具体的诉讼阶段,则不但在当前的试点实践中存在着不同的做法,而且在理论界也存在着不同看法。结合具体的理论与实践情况来看,将刑事和解适用于刑事诉讼从立案到执行的全部阶段,不但具有理论上的正当性,而且在实践中也是可行的。同时,出于对刑事和解与惩罚犯罪平衡性的考量,还应当根据各诉讼阶段的不同特点和任务,对刑事和解的法律效果予以合理设计。
At present, the criminal reconciliation system has been widely accepted in China’s criminal procedure has been widely recognized, but for what it can be applied to specific stages of the litigation, not only in the current pilot practice there are different approaches, but also in theory There are also different views of the community. Combined with the specific theory and practice, it is not only theoretically justifiable to apply criminal reconciliation to all stages of criminal procedure from filing to execution, but also feasible in practice. At the same time, due to the consideration of the balance of criminal reconciliation and punishment, the legal effect of criminal reconciliation should be rationally designed according to the different characteristics and tasks of each litigation stage.