摘要
民族地区推行刑事和解和"检调对接"机制,能够有效克服司法工作中的"三对矛盾",体现"恢复型司法"理念与民族传统和合文化的契合,同时提高司法效率,节约司法资源。修改后的《刑事诉讼法》对于刑事和解适用的范围限定较窄,民族地区可以通过行使法律变通权,合理、适当地探索扩大刑事和解适用的范围。当前民族地区"检调对接"司法实践体现出正式制度与民间调解的有效结合,在赔偿、履行、帮教方式上,仍有必要结合民族地区的特点积极探索。刑事和解、"检调对接"机制在民族地区的推行已经积累了一些行之有效的经验,但也面临着阻力和困境,应通过完善相关规范,促进其发挥更大的作用。
"Three types of contradiction" in judicial work can be effectively overcome by the implementation of the mechanism regarding criminal reconciliation and prosecutorial docking in ethnic minority areas. It serves as an embodiment of the idea of restorative justice in line with the harmonious culture of national tradition which helps with improving judicial efficiency and saving judicial resources. The amended Criminal Procedure Law has set a relatively narrow scope for the application of criminal reconciliation. The scope of application of criminal reconciliation can be explored rationally and appropriately in the ethnic regions through exercising their right of legal accommodation. At present, the judicial practice of prosecutorial docking embodies an effective combination of the formal system and the civil mediation in the ethnic minority areas. It is still necessary to actively explore the characteristics of ethnic minority areas in terms of compensation, performance and help&educating methods(especially those who have violated the law or committed minor crimes so as to make them turn over a new leaf). The implementation of mechanism on criminal reconciliation and prosecutorial docking has accumulated some effective experiences from ethnic minority areas. However, it is also confronted with obstruction and difficulties. Therefore relevant rules and regulations should be improved to play greater role in legal practice.
出处
《中国政法大学学报》
CSSCI
2018年第1期67-78,共12页
Journal Of CUPL
基金
教育部人文社会科学西部边疆项目--"当代彝族地区多元化纠纷解决机制研究"(项目编号:12XJC820004)的阶段性研究成果
