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近年来我国刑事制度不断更新与改革,《刑法修正案八》强调的宽严相济和《新刑事诉讼法》中规定的“刑事和解制度”都表明,我国刑法从以前“报应性司法”的刑事处罚模式在不断的向“恢复性司法”转变。“赔钱减刑”作为一种量刑考虑的情形,在一方面,能够在被害人受到谅解的前提下,得到物资的赔偿,也给被告人一个悔罪的机会。另一方面,在没有被规范适用时,容易导致司法人员滥用权力,损害刑法的威严性。赔钱减刑要在实践中得到健康的发展,需要相关的配套措施辅助。
In recent years, the criminal system in our country has been continuously updated and reformed. The “strict system of justice” emphasized in “Amendment 8 to the Criminal Law” and the “system of criminal reconciliation” stipulated in the “New Code of Criminal Procedure” all show that the criminal law of our country changed from “ ”The mode of criminal punishment is constantly changing to“ restorative justice. ” As a case of sentencing, on the one hand, it is possible to obtain compensation for goods and materials under the understanding that the victim is being forgiven, and also gives the accused a chance of repentance. On the other hand, when it is not standardized, it easily leads to abuse of power by judicial personnel and undermines the dignity of criminal law. It is necessary to provide relevant supplementary measures to help reduce the penalty for losing money in order to get a healthy development in practice.