恢复性司法与“赔钱减刑”的制度化思考

Reflections on Restorative Justice and Indemnity for Reducing Penalty

"赔钱减刑"契合恢复性司法理念,有助于保护被害人权益,但"赔钱减刑"的适用必须有相应的制度基础和规范依据,要树立以人为本的量刑理念,确定"赔钱减刑"的适用对象,明确规定其适用范围、适用条件、适用程序,建立犯罪人人格调查制度,赋予被害人量刑参与权。

＂Indemnity for reducing penalty＂ is fit for the idea of restorative justice,which is helpful in protecting the rights and benefits of the victims,but it must have corresponding system foundation and regulations.Besides,the idea of people as root must be set forth to determine the object,scope,conditions and procedure of ＂indemnity for reducing penalty＂.Personality investigation system of criminals should be set up and victims have rights to take part in the determination of penalty.