论刑事和解制度的运行价值与适用困境

On the Operational Value and Application Dilemma of the Criminal Reconciliation System

摘要: 自2012年刑事和解制度被纳入《刑事诉讼法》以来，因其能促进被害人诉讼地位的回归、实现案件分流、矛盾预防化解等优势而一度广泛应用，但因认罪认罚从宽等新制度冲击和自身法律供给不足等原因，逐渐陷入适用困境，无法发挥该制度的独特价值，因此，有必要从细化刑事和解的适用范围与适用措施、赋予侦查机关和解决定权、引进多元化调解主体等方面对该制度进行优化，以发挥其在平衡各方利益等方面的作用，为社会治理现代化提供柔性化纠纷解决路径。

Abstract: Since the criminal reconciliation system was included in the Criminal Procedure Law in 2012, it has been widely used due to its advantages of promoting the return of victims’ litigation status, realizing case diversion, and preventing and resolving conflicts. However, due to the impact of new systems such as leniency for confession and punishment, and insufficient legal supply, it has gradually fallen into a dilemma of application and cannot fully realize the unique value of this system. Therefore, it is necessary to optimize the system from the aspects of refining the scope and measures of criminal reconciliation, granting investigative agencies and resolution powers, introducing diversified mediation subjects, etc., in order to play its role in balancing the interests of all parties and providing a flexible dispute resolution path for the modernization of social governance.