阐述了“赔钱减刑”制度的构成要件,分析了该制度的理论依据和现实依据及其适用范围。“赔钱减刑”与“用钱抵刑”有本质的不同。“赔钱减刑”与恢复性司法理念相适应,是“宽严相济”刑事政策的具体体现,有利于促进社会和谐。 Elaborated the constitutional elements of the system of “losing money and commuting a sentence”, and analyzed the theoretical basis, realistic basis and applicable scope of the system. “Subsided ” and “use money ” is essentially different. “Paying off the money and commuting the death penalty”, which is compatible with the concept of restorative justice, is a concrete manifestation of the criminal policy of “tempering justice with mercy” and is conducive to promoting social harmony.