律师在刑事诉讼中赔偿协调探析

Attorney Compensation Coordination in the Criminal Prosecution

宽严相济刑事政策,是党中央在构建社会主义和谐社会新形势下提出的一项重要政策,是我国的基本刑事政策。结合这一新形势政策的要求,根据刑事诉讼法的规定,最高人民法院和最高人民检察院有针对性地对在刑事诉讼过程中酌定量刑规定的新精神陆续出台了相关文件。结合刑事司法审判实践,在督促被告人对被害人积极进行赔偿方面如何构建律师为主导的赔偿协调机制进行探讨,促进律师更好地发挥好作用,使被害人得到及时、合理的赔偿,以化解社会矛盾、维护社会和谐稳定。

The combination of leniency with rigidity is a major policy proposed by the CPC Central Committee in the new situation of constructing socialist harmonious society, and it is the basic criminal policy of the country. Considering the requirements of this new situation and the Law of Criminal Procedure, the Supreme People＇s Court and the Supreme People＇s Procuratorate established laws oriented to discretion on sentence in the criminal prosecution process. In terms of the practices in criminal judicial trials, discussions are made on establishment of the system in which the lawyer plays a leading role in supervising and urging the accused to make compensation positively. This will help the lawyer o play a better role in the case so that the victim will receive timely and reasonable compensation. The practice will be conducive to the reduction of social contradictions and the maintenance of social harmony and stability.