在宽严相济刑事政策下,现代刑事和解制度中赔钱减刑的做法受到了社会各界的广泛关注和讨论,是应该严格执行刑罚还是通过赔钱取得受害人的谅解来减轻刑罚。本文详细阐述了赔钱减刑的理论依据,认为赔钱减刑有利于刑事和解,具有矫正价值,有制度正当性。同时还分析了赔钱减刑在具体应用中应注意的问题,使赔钱减刑在司法实务中具有更强的可操作性,取得法律效果和社会效果的有机统一。 Under the criminal policy of Temper Justice with Mercy, the practice of reducing commutation of sentence in the modern criminal reconciliation system has drawn wide attention and discussion from all walks of life. It is a question of whether to strictly enforce the penalty or to obtain the victim’s understanding by means of losing money so as to reduce the penalty. This paper elaborates the theoretical basis for the reduction of the penalty for the loss of money. It is considered that the reduction of the penalty for the money is beneficial to the criminal reconciliation and has the correct value and the legitimacy of the system. At the same time, it also analyzes the problems which should be paid attention to in the practical application of the reduction of the penalty, and makes the reduction of the penalty in the judicial practice more feasible and obtains the organic unification of the legal effect and the social effect.