对“黄岩帕萨特辗压老人致死案”定罪量刑的思考——兼论“赔钱减刑”

Thinking on Conviction and Sentence of the Case of the Passat Knocking an Old Man to Death——On Paying Money for Commutation

"黄岩帕萨特辗压老人致死案"之所以引起社会各界极大的兴趣,表面上看,是由于黄岩检察院对被告人以过失致人死亡罪向法院提起诉讼,从而与民众认定的故意杀人罪有天壤之别;从深层次角度进行分析,反映了人们对公正与正义的诉求。刑事和解意义上的"赔钱减刑"值得提倡,但无论如何,司法者在定罪与量刑时必须要恪守一条底线:那就是必须在报应正义、功利正义以及恢复正义之间维持合理的平衡。

The cause why people takes so much interests in the case of the passat knocking an old man to death ,for the first sight, is that Huangyan procuratorate suit the defendant for the crime of manslaughter which is different from the crime of murder held by the commons. Actually with further analysis, the reason is that people want to express their wishes for justice and fairness through the case. Paying money for commutation deserves advocating if it is fit for the spirits of criminal conciliation. However , in any case, judicial authority , when conviction and sentence, must obey the bettomline, that is to keep the balance among retributive, utilitarian and restorative justice.