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“赔钱减刑”是指刑事案件双方当事人对民事部分包括赔偿、劳务、赔礼道歉等达成协议后,司法机关根据被告人的悔罪情况、赔偿情况和被害人的态度等决定对其从轻或者减轻处罚。其目的是恢复加害人和被害者的和睦关系,减少被害方的实际损失,并使罪犯改过自新、复归社会。广东东莞中级人民法院的“赔钱减刑”是在相应法律制度完善前的初始尝试与有益实践,在无损刑法目的和社会公平正义实现的前提下,体现了刑法谦抑的内涵,保障了被害方的利益,有利于建立法治的和谐社会;而对于其可能带来的消极影响,实践中应注意诸多问题。
“Retirement ” refers to the two parties in criminal cases after the civil part of the agreement, including compensation, labor, apology and other agreements, the judiciary based on the defendant’s remorse, compensation and the attitude of the victim decision on its lighter or mitigate Punishment. Its purpose is to restore the amicable relations between the perpetrators and the victims, reduce the actual losses of the victims, and make the perpetrators reinvent themselves and return to society. Guangdong “Dongguan Intermediate People’s Court” is the initial attempt and beneficial practice before the corresponding legal system is perfected, under the premise of not damaging the purpose of criminal law and the realization of social fairness and justice, it reflects the connotation of restraining criminal law and guaranteeing the victims The interest of the other party is conducive to the establishment of a harmonious society ruled by law. However, in the negative impact it may have, many problems should be paid attention to in practice.