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刑事和解协商赔偿和轻缓处理的特点,产生了刑事和解就是“赔钱减刑”、“以钱买刑”的错误认识,进而认为它违反平等原则,导致司法不公。其实,刑事和解中的平等价值表现在适用范围上体现刑法平等的要求,排除特权因素。同时,刑事和解以追求实质平等为宗旨,以形式平等为前提,即在法律地位,人格平等的前提下施以合理的差别对待。
The characteristic of criminal reconciliation, consultation and compensation and gentle treatment resulted in the criminal reconciliation being the misunderstanding of “losing money and committing a sentence” and “using money to buy a criminal”, which further violated the principle of equality and resulted in unfair administration of justice. In fact, the equal value of criminal reconciliation manifests the equality of criminal law on the applicable scope and excludes the privilege factor. At the same time, criminal reconciliation aims at the pursuit of substantive equality and takes the equality of forms as the prerequisite, that is, under the prerequisite of legal status and personality equality, reasonable treatment should be taken.