"To compensate the victims" is not listed in China's Criminal Law as a legal prerequisite to reduced penalty and, according to the Criminal Procedure Law, it's a legal obligation for the defendants to compensate the victims' material losses resulting from the crime, so the compensation should not be used as an excuse to mitigate the punishment. Even if compensation is allowed to affect the penalty mitigation, the final judgment should not be lighter than the minimum legal penalty the defendant deserves. Only in this way can the justice and solemnity of law be maintained and only in this way can the law prevent some criminals from avoiding legal punishment because of money.

Yang Tao (China Youth Daily): The law demands that criminals should both take on criminal liabilities and offer civil compensation. It's a legal obligation for the defendants to financially compensate the victims. However, it often happens nowadays that a victim receives no compensation as far as the judgment is concerned, but that the compensation comes to the victim or his/her family after they have agreed to reduce the related criminals' punishment. Sometimes this is because criminals are incapable of providing the compensation, but it's also a reality that they deliberately transfer or conceal their property and coerce victims into agreeing to the punishment mitigation by using compensation as bait. If the victim agrees, compensation will be paid; otherwise not. As a result, the defendants may tend to ask for penalty mitigation by offering money against the will and interests of the victims and against legal practices. This will not help to build a harmonious society.

Only when the defendants show real repentance and willingness to offer compensation can we expect this legal attempt to promote social harmony. Without a fair judicial environment, it's impossible to dispel people's suspicions over the new legal practice of cash for reduced sentences.

Wei Wenbiao (Information Times): According to the No.2 Intermediate People's Court of Dongguan, not all criminals have the opportunity of commuting penalties. For criminal cases that have an extremely negative impact on society, even if the defendants offer compensation, it's impossible to commute the penalties. But the problem is how one can decide what has an "extremely negative impact." Judges are therefore given a free hand and when there is no restriction attached, corruption will grow.

To some extent, to reduce sentences with money is likely to encourage crimes by allowing the rich freedom to act as they please.

The Dongguan Court intends to protect the victims' interests as much as possible, but this should be achieved through fair judgment and effective enforcement of the rulings and also a well-developed state aid system. If the victims' interests can be best protected when the courts don't have to commute the criminals' punishment, then it is interest protection in the real sense.

Si Xin (Huashang Daily): Superficially, the No.2 Intermediate People's Court of Dongguan is trying to safeguard the victims' interests and show respect for life. In my opinion, this practice will do much more harm to society than good.

First, the court's practice of reducing sentences for cash will give the public a false impression that even the legal system allows bargaining and enough money can buy anything, including life. China's legal system is still in its early stage and most Chinese still have little legal awareness. At the same time, the deteriorating social morality is threatening the authority of the law. In this situation, laws are the bottom line to ensure social justice.

It's unreasonable to reduce a criminal's sentence on the condition that he/she offers compensation, as in this case, where the law is actually being used as a tool to serve the rich. As a matter of fact, to dissolve social conflicts, the answer lies in just and fair laws and systems, yet the cash aspect means rich criminals are protected by this new mechanism.

The law is supposed to protect the majority of society, and should not focus on the interests of certain individuals. As a society where the interests of the poor are often violated by some immoral wealthy members, to disconnect the legal system from money is undoubtedly the most important way to safeguard social justice. Although not all criminals can have their sentences reduced via cash payments, this new practice will surely pave a way for the economically advantaged to commit crimes more easily.