论文部分内容阅读
赔偿影响定罪和量刑,在司法实践中运用较多,但是这一问题比较敏感,容易引发公众对“以钱买刑”和司法不公正等问题的猜疑。现实中大量存在有关赔偿影响定罪量刑的司法解释和法律实务;赔偿影响定罪量刑与罪刑法定原则及平等适用等刑法基本原则并不冲突;赔偿和被害人救助、恢复性司法、刑事和解制度等刑事司法制度有机联系并需加强衔接。
The impact of compensation on conviction and sentencing is widely used in judicial practice, but the issue is rather sensitive and can easily lead to public suspicion of such problems as “buying money for punishment” and judicial injustice. There are a lot of judicial interpretations and legal practices concerning the impact of compensation on conviction and sentencing in reality. There is no conflict between the principle of compensation and conviction and sentencing and the basic principles of criminal law such as equality and application of criminal law. Criminal justice such as compensation and victim assistance, restorative justice and criminal reconciliation system System of organic links and need to strengthen convergence.