也是犯罪与责任相均衡——对附条件“犯罪赔偿”的价值分析

Also The Balance Between Crime and Legal Liability:the Value Analysis on the Conditional "Pay Punishment in Cash"

特定前提下,因犯罪人赔偿局部或全部替代刑罚仍是对其归责,更多情形下的犯罪人赔偿得到宽恕在于其有效救助被害人和修复犯罪侵害,附条件肯定犯罪人赔偿的法律效果还可能创制、混成直至定型更具特殊预防犯罪效能的新刑种和附随性处分。但为了避免"只求息讼,不问曲直"甚至贿买司法,有必要在现行刑事司法机制中探索合理的赔偿方案;借修改刑诉法之际建立量刑程序,将商谈与质证机制一并引入法庭活动;通过周密论证完善刑法,定型包括赔偿情节适用要求在内的量刑规则。

On special premises, an offender compensates partly or wholly to victim which could be used to take the place of penalty and is not a kind of exemption but to assume liability. To encourage an offender make compensation to victim is in conformance with the social justice, to remit the offender＇s sin is as well as to relief the victim. The conditional ＂pay punishment in cash＂ will establish, mix and finalize the design of a new sort of penalty. For the great risk of ＂pay punishment in cash＂, compared with to make a conclusion, to clarify its special conditions is much important. At present, it is necessary to identify the offender as the only compensator, to form a compensation rule or institution through the legislation and case reference.