由一起案例引起的“赔钱减刑”的争论一度如火如荼。但如果客观冷静地了解案件发生的前因后果及法官作出判决的前提依据,就会发现“赔钱减刑”的说法欠缺科学与公允。它实际上是赔偿民事损失可以在刑事量刑上予以从轻或减轻考虑的一种行刑理念,可定义为赔偿可从轻或减轻原则。这种理念从合法性角度考察符合刑法的谦抑性原则,从合理性角度考察赔偿一定程度上降低了犯罪行为的社会危害性,从轻或减轻处罚合乎常理。当然,赔偿可从(减)轻原则需要相应的规定加以规范才具有可操作性。 Caused by a case of “lose money ” controversy was in full swing. However, if you objectively and calmly understand the antecedents and consequences of the case and the basis for judging the judge, you will find that there is a lack of scientific and fair confession. It is actually a kind of concept of execution that compensates for the civil losses can be considered lighter or mitigated in the criminal sentencing. It can be defined as the principle of compensation can be reduced or mitigated. From the perspective of legitimacy, this idea examines the modest and conciliatory principle that conforms to the criminal law. It is reasonable to look at compensation from a reasonable perspective to a certain extent, to reduce the social harmfulness of criminal behavior and to reduce or mitigate the punishment. Of course, compensation can be feasible only if the principle of (minus) lightness requires the corresponding provisions.