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随着对被害人权益的关注和各地司法机关积极推进的刑事和解实践,赔偿在刑事司法中的地位不断提升,尤其是在刑罚裁量以及之前阶段,成为影响刑事案件处理结论的重要因素,这种现状和趋势有其现实需求,也反映出司法机关的无奈。然而,过分提升赔偿的地位,可能会产生国家刑事实体处分权的松动和刑罚轻缓化泛化等后果,存在降低刑法道德信誉的风险。因此,理性定位赔偿在刑事司法中的作用,重要的是要与被害人救济难题的破解同步进行。
With the concern about the rights and interests of victims and the criminal reconciliation practices actively promoted by judicial organs in various places, the status of compensation in criminal justice has been constantly improved, especially in the discretion and earlier stages of criminal penalties, which has become an important factor affecting the conclusion of criminal cases. And the trend has its realistic needs, but also reflects the helplessness of the judiciary. However, excessive promotion of the status of compensation may result in the loosening of the penalties of state criminal entities and the generalization of criminal penalties. There is a risk of reducing the moral credibility of criminal law. Therefore, the role of rational location compensation in criminal justice, it is important to crack victims and solve the problem simultaneously.