CAJ | 학술논문

现有减刑、假释规则中民事责任情节的设计，存在忽视财产刑挤压民事责任、矮化民事责任地位，以及加剧“花钱买刑”质疑等弊端。民事责任补救影响减刑、假释是刑民责任互动的延续，其机理在于民事责任补救能减轻社会危害性，反映认罪、悔罪程度，并弥补刑罚不足，但须以减轻刑罚作为鼓励并控制在合理限度内。现有民事责任情节设计具有填补法律空缺，接轨量刑规范化等积极意义，但仍需进一步改进。
현유감형、가석규칙중민사책임정절적설계，존재홀시재산형제압민사책임、왜화민사책임지위，이급가극“화전매형”질의등폐단。민사책임보구영향감형、가석시형민책임호동적연속，기궤리재우민사책임보구능감경사회위해성，반영인죄、회죄정도，병미보형벌불족，단수이감경형벌작위고려병공제재합리한도내。현유민사책임정절설계구유전보법률공결，접궤양형규범화등적겁의의，단잉수진일보개진。
Current regulation on the circumstances of civil liability in commutation and parole have many malpractices, which are listed as followed: Firstly, neglecting the fact that property punishment may encroached the application of civil liability in many circumstances. Secondly, downgrading the status of civil liability. Thirdly, aggravating the censure on trading penal for money. The function of civil liability in supplementing the function of commutation and parole is a part of the interaction between criminal responsibility and civil liability. Its foundation derives from the fact that, fulfilling civil liability may mitigate social harmfulness of crime, reflect the degree of confession and repentance, and compensate for the short of penalty. Simultaneously, prisoners are willing to fulfill civil liability only in the condition of reducing penalty, but commutation should also be controlled under a reasonable limitation. The current circumstances of civil liability fill the vacancy of law, and adapt the rule of commutation and parole to standardizing measurement of penalty, but it also need to be improved.