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目前有些地方法院在审理刑事案件中采用“判前赔偿减刑”的做法引起了人们褒贬不一的广泛争议。实际上“判前赔偿减刑”的做法有法可依,而且对犯罪人的改造、对受害人的生活和精神抚慰等都有着积极意义。当然,对该项制度也应进一步完善,应严格把握其适用条件和减刑幅度,并依法定程序进行,使之达到法律效果与社会效果的统一。
At present, some local courts have adopted “pre-sentence compensation” in hearing criminal cases, causing widespread controversy. In fact, the practice of “committing pre-trial compensation and commutation of sentence” is law-based, and it is of positive significance to the perpetrator’s transformation and to the victim’s life and spiritual comfort. Of course, this system should also be further improved, and its conditions of application and the extent of the reduction of sentence should be strictly controlled. The system should be conducted according to legal procedures so as to achieve the unification of legal effects and social effects.