我国赔偿减刑关联制度评析

Comment on the Connection of Compensation and Commutation

赔偿减刑关联立法的意图是督促有赔偿能力的罪犯,在服刑期间积极履行刑事附带民事赔偿义务,以安抚、补偿刑事被害人,缓解当前刑事附带民事诉讼裁决难以被强制执行的困境。因评判罪犯服刑期间赔偿能力的程序性立法缺失,在行刑实践中,导致部分赔偿力不足的罪犯难以获得减刑优待、部分具有充足赔偿能力的罪犯隐匿赔偿能力骗取减刑现象发生。为更好实现赔偿减刑关联立法目的,我国应构建罪犯赔偿能力的刑事被害方调查机制,以促进发现型减刑撤销制度得以顺利实施。

In order to urge prisoners who have liability to pay compensate during imprisonment which can comfort the victim and alleviate the difficulty of enforcement of the verdict of criminal affiliated civil proceed- ing, the connection of compensation and commutation has been legislated. Because of the procedural defect of how to evaluate prisoners＇ liability to pay, some prisoners who can＇ t fully compensate the victim＇ s cost won＇ t be commuted; some prisoners who can fully compensate the victim＇ s cost have been commuted even though they concealed their liability to pay. In order to realize the intention of the connection of compensation and commutation, we must establish the system of the victim investigation and prisoners＇ liability to pay so as to facilitate the implementation of the system of commutation revocation.