法学研究

文章摘要

公诉案件刑事和解实证研究

An Empirical Study on Criminal Mediation in Public Prosecution Cases

DOI：

英文关键词: criminal mediation;public prosecution;empirical study;investigation;experiment

基金项目:

作者	单位
宋英辉等	北京师范大学刑事法律科学研究院

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中文摘要:

刑事和解作为一种有别于传统的案件处理方式，近年来出现于我国司法实践之中，并在许多地区进行了多元化探索。数据表明，在刑事和解的内容、适用的案件范围、主持者和参与者、和解成功案件的处理方式、需要的工作量和时间、影响成功与否的因素、相关配套制度和效果等方面，有些理论预设是成立的，有些则是不完全成立甚至是根本不成立的。历时两年多的实证研究，不仅检验了刑事和解的各项功能及对刑事和解的正当性基础提供了数据支持，更重要的是在宏观上揭示了我国刑事和解的现状，从而为解决刑事和解适用中存在的问题及探索刑事和解在我国的可行性模式提供了认识上的基础和前提。

英文摘要:

Different from the traditional methods, criminal mediation in public prosecution cases is a novel way to deal with crimes, and has been tried out in the judicial practice of some cities and districts in China. Through field investigation, observation, experiment and other empirical methods, this article aims to discuss the justifications of criminal mediation, analyze its application, positive functions and existing problems, and explore its feasible models in our country. There have been some popular theoretical hypotheses on the contents of criminal mediation, the case scope of its application, the composition of its facilitator and participants, the proper ways of enforcing the criminal mediation, the amount of time and work needed for resolution, the determinant factors for success, its matching systems and effects, and so on. According to our empirical study, some of them are proved to be correct, some are partially correct and others are totally wrong.Our empirical study has also tested the functions of criminal mediation and supported its justifications with hard data. More importantly, it objectively discloses the status quo of criminal mediation in China from a comprehensive perspective. In different parts of China, the applications of criminal mediation vary sharply, and the requirements for applying mediation are not standard and written into law. The facilitator’s professional capacity and skills need to be improved and the participants are not diverse in most districts. The way of fulfilling obligation by the offender is mainly economic compensation, but to similar cases the amounts often have large discrepancy. The proceeding of the criminal cases after successful mediation may jump back to the former stage, but relevant matching systems are lacking.To fully exert the functions of criminal mediation, there are still many systems and work mechanisms to be improved. This study has provided the cognitive base and premise for exploring the feasible model of criminal mediation in China.

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