恢复性司法视野下赔偿与量刑关系的重构

"赔偿从轻"是普遍的司法实践,但其因仅仅关注经济赔偿、脱离刑事和解的大框架而被诟病为"花钱买刑"。以恢复性司法为视角,赔偿与量刑的关系需要重构。赔偿从轻原则应当尽量创造犯罪人与被害人面对面接触的机会、应当以犯罪人充分认识到自己行为的后果为前提、应当以修复犯罪人、被害人与社区之间破损的关系为内涵,司法机关同时应关注对被害人心理健康的修复。

Reconstruction of the Relationship between Compensation and Sentencing from the Perspective of Restorative Justice

"Compensation for mercy" is widespread in judicial practice.But because it focuses only on economic compensation and is divorced from the framework of victim-offender mediation,"compensation for mercy" is blamed for "spending for commute".In the perspective of restorative justice,the relationship between compensation and sentencing shall be reconstructed.The principle of "compensation for mercy" should try to create an opportunity for criminals and victims to contact face to face,and it should be based on the premise that the criminal is fully aware of the consequences of his actions.The content of "compensation for mercy" shall be repairing the damaged relationship among the criminal,victim,and community.Moreover,judicial organs should focus on the victims’ mental health healing.