近年来,“判前赔偿减刑”的做法在某些地方法院审理刑事案件中时有所见,对此,社会和学界褒贬不一,对其合法性提出了质疑。实际上,“判前赔偿减刑”符合法律规定,符合立法精神,也符合刑事政策。它能促使被告人积极赔偿、有效安慰和救济被害人,对构建恢复性司法制度具有积极意义。当然,在适用中,应严格把握住适用条件,并依法定程序进行,使之发挥应有的积极作用。 In recent years, the practice of “committing pre-trial compensation and commutation of sentence” has been seen when some local courts try criminal cases. In this regard, the social and academic circles have mixed opinions and questioned their legitimacy. In fact, “commutation of compensation before sentence” complies with the law, in line with the spirit of legislation, but also in line with criminal policy. It can make the defendant actively compensate, effectively comfort and rescue the victim, and has positive significance for building a restorative justice system. Of course, in the application, we should strictly grasp the applicable conditions and follow the legal procedures to make them play their due positive role.