河北法学2025，Vol.43Issue(1)：187-200,14.DOI:10.16494/j.cnki.1002-3933.2025.01.010
责任主义视阈下刑事赔偿的理念审视与量刑维度
A Study on the Impact of Compensation on Sentencing from the Perspective of Accountability
摘要
Abstract
Compensation is recognized as a discretionary sentencing circumstance in many normative documents and judicial practices.However,the hidden concern of public opinion about"spending money to buy punishment"and the different understanding of the logic of"compensation and commutation"in criminal law theory have always made the relationship between compensation and sentencing unclear.From the perspective of responsibility theory,it can be said that integrating the concept of integration and clarifying the relationship between compensation,liability punishment,and preventive punishment,and clarifying that the reduction effect of compensation mainly stems from the weakening of the necessity of special prevention,is relevant to the root cause.The objective reduction of harm can only be evaluated from sociological and policy perspectives,and the impact of compensation on sentencing can be controlled through a sense of responsibility.Guided by standardized sentencing,adhering to typed thinking and precise quantitative methods,we can achieve differentiated evaluation of the penalty reduction function of compensation in different types of cases and combinations of elements.关键词
责任主义/并合主义/法益恢复/赔偿/量刑规范化Key words
accountability/coalitionism/restoration of legal interests/compensation/standardization of sentencing分类
社会科学引用本文复制引用
张亚军,尚丽娟..责任主义视阈下刑事赔偿的理念审视与量刑维度[J].河北法学,2025,43(1):187-200,14.基金项目
2021-2022年度河北省社会科学基金项目"中日刑事司法中赔偿的适用影响比较研究"(HB21FX009). （HB21FX009）
