论“赔钱减刑”的价值分析与制度完善

On Value Analysis and System Perfection of Paying Money for Commutation

赔钱减刑一方面在维护了被害人权益、表达了恢复司法价值的同时,通过对犯罪人从轻处罚表达了轻刑化、限制死刑的理念,符合宽严相济刑事政策,有利于和谐司法;另一方面因金钱介入司法,刑法面前人人平等原则受到挑战,潜藏着司法腐败的危险。赔钱减刑要获得民众的认可,司法上应树立以人为本的量刑理念,并在立法上完善法律规范的设计。

On one side, paying money for commutation safeguards the rights and interests of the victim, and expresses the value of restorative justice. Through giving the criminal lenient treatment, paying money for commutation expresses the tendency on alleviating punishment and the ideal of limiting death penalty, and conforms the criminal policy of combing punishment with leniency and it does well in harmonious justice. On the other side, because money gets involved in the judicature, the principle that the criminal law shall be applied equally to everyone is challenged and the administration of justice may be decayed. Paying money for commutation wants the approval from the masses, so it should be built on the human -oriented sentencing concept and the regulations about it should be nerfected.