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刑事和解是西方社会比较重要的一项刑事司法制度,但在中国司法实践中展开的刑事和解被许多人批判为“以钱买刑”。“以钱买刑”作为中国古已有之的概念与刑事和解有本质的区别。给人以“以钱买刑”表象的刑事和解,其实质与刑法的基本原则在本质上是统一的,其纠正了传统刑事司法的偏颇,实现了刑事司法的实然正义,是人类的一种理性选择。但为了避免刑事和解在实践中出现异化为“以钱买刑”的弊端,必须进行制度化和法律化的构建,从而使刑事和解的应有价值得以保证。
Criminal reconciliation is a relatively important criminal justice system in western society. However, the criminal reconciliation launched in China’s judicial practice has been criticized by many as “buying money ”. “Money to buy punishment ” as the ancient concept of China has an essential difference with criminal reconciliation. The essence of criminal reconciliation, which gives the appearance of “using money to pay punishment ”, is essentially unified with the basic principle of criminal law. It has corrected the bias of traditional criminal justice and realized the real justice of criminal justice. A rational choice. However, in order to avoid the malpractice of criminal reconciliation in practice, it is necessary to carry out institutionalization and legalization so that the due value of criminal reconciliation can be guaranteed.