Research On The Victim's Factors In Sentencing

Both the norms of criminal law or empirical criminology have realized that crime is never an isolated social phenomenon,any one of the criminal acts are the result of a variety of factors.Although criminology regards criminality as an interaction between victim and victim,it is regrettable that the theory of traditional criminal jurisprudence has isolated the victim in isolation and has artificially separated the interaction between criminals and victims.In the case of the criminal-centered unitary In criminal law relations,the influence of victims and victims on the criminal responsibility of the perpetrator is seldom touched upon."victim's factor" is not a jargon of law,instead of a perspective of scholars when studying the problem.In recent years,our country's jurisprudence has given more theoretical attention to crime victims,especially from the perspective of criminology,there are more articles and writings on victimization.However,there are few studies on the issue of victims from the angle of criminal law theory,mainly from the point of view of victims'promise,victims' fault and victims' Forgiveness of victim behavior.However,there are no unified opinions on the systematic research.In the theoretical system of criminal victims,compared with the criminal procedure law and crime victimology,criminal law research is the most thin.At present,although there are monographs devoted to the victims in China,the monographs devoted to studying the measurement of sentencing from the point of view of the victims have not yet been published.There are only a few papers devoted to investigating the discretionary penalty of the victim factors.This paper argues that the victimology has developed into an important branch of criminology.The criminal law significance of the victim factors began to be the concern of many scholars.They all realized that the victim's factors should be included in the judge's assessment of the perpetrator's behavior The scope of sentencing.Therefore,considering the victim factors during sentencing is a new direction nowadays in the field of justice,which benefits both the protection of victims' human rights and the realization of criminal justice.In particular,it is necessary to truly regulate the sentencing and accurately Sentencing and just measurement of sentencing,the impact of the victim factors sentencing is imperative.The full text is divided into the following six parts:The first chapter is as a summary of the victims of sentencing factors.In this chapter,the author will define the scope of the victim,and from the historical investigation of the victim's status,analyzing the change of victim's status in the criminal law relationship to a certain extent reflects the change of the national penalty concept.The change brought about by this direct Change is the importance of the victim factors in the relationship between criminal law and legal system.At last,the selection criteria of the victim factors are defined from the point of view of the elements of the behavior,the relationship between the criminal and the victim and the balance of legal interests.Therefore,the victim's fault,victim's commitment and victim's Forgiveness will be the focus of this article.The second chapter is the theoretical basis of the victim factors affect sentencing.In this chapter,the author starts with the basic theory of sentencing,puts forward the objective basis and subjective basis in sentencing respectively for social harm and personal danger,and elaborates the status of social hazard and personal danger in sentencing.Subsequently,it discusses in detail the impact of victim factors on sentencing,which mainly reflects that the victim factors not only reflect the social hazard of behavior,but also reflect the personal danger of the actor.Finally,the value basis of the victim penalty is explained as The manifestation of the fair value of the criminal law,the manifestation of the individual punishment and the merging and unification of the retribution and prevention of the punishment purpose.Chapter ? is location of Victim factors in Sentencing circumstances.In this chapter,the author will start from the concept of sentencing circumstances,clarifying the circumstances of sentencing usually refers to all kinds of factual situations that can reflect the social harmfulness of criminality and the personal danger of criminals and can influence the discretion of sentencing other than conviction.In particular,the sentencing plot is complicated and the classification is also different,but the victim as a sentencing circumstances is not controversial,but in the statutory sentencing circumstances and the discretionary sentencing circumstances,the victim as a discretionary sentencing position needs Change,the legalization of the circumstances of the victim's sentencing plot has its necessity and feasibility both in theory and practice.Chapter ? is Victims' fault in sentencing.In this chapter,the author summarizes and sorts out the issues that will be described in this chapter,based on the thinking triggered by a case.In this chapter,the author will classify the fault according to the fault degree of the victim,make an analysis of the arguments and controversies over the mistakes of many victims in the current academic circle,and demonstrate the connection between the victim's wrongdoing and the social hazard and personal danger.At the same time,The state contrasts the legislation on the victim penalty and the sentencing penalty,analyzes the fault of our victim as the discretionary circumstances of sentencing in legislation and judicature,and finally determines the victim's fault extraction and determination of sentencing circumstances.From the perspective of criminal law and criminal procedure law This article puts forward the concept of sentencing in line with the actual conditions of our country with reference to the specific content of the Guiding Opinions of People's Courts in our country to provide a reference for the reasonable and legitimate exercise of the discretion of the sentencing of the judges in our country.Chapter V is Victims' Commitment in Sentencing.In this chapter,the author summarizes and sorts out the issues that will be described in this chapter,based on the thinking triggered by a case.This chapter will focus on the criminal law promised by the victim,analyze the type of victim commitment,criticize the theory of many senders'promise of sentencing affecting the current sentencing,discuss the link between the victim's commitment and social hazard and personal danger,In the meantime,the legislation of the victim's commitment to sentencing and judicial status quo are compared with the relevant foreign countries.Finally,the victim's promise to affect the extraction and determination of the sentencing circumstances is determined.From the perspective of criminal law and criminal procedure law,At the same time,combined with our country's judicial interpretation and related criminal policies,we put forward the concept of sentencing in line with the reality of our country and provide a reference for our judges to rationally and legally exercise the right of punishment.Chapter ? is Victims' Forgiveness in Sentencing.In this chapter,the author summarizes and sorts out the issues that will be described in this chapter,based on the thinking triggered by a case.This chapter will elaborate on the elements of the victim's Forgiveness,demonstrate the theoretical basis and value of the victim's Forgiveness of the sentencing effect,demonstrate the relationship between the victim's Forgiveness of the plot and the social hazard and personal danger,at the same time with the Forgiveness of the victim The legislation affecting the sentencing and the status quo of the judiciary are compared,and finally the victim's Forgiveness is taken into consideration to determine the circumstances of the sentencing.From the perspective of criminal law and criminal procedural law,this article conducts substantive and procedural regulation on sentencing affected by the victim's Forgiveness,and puts forward the concept of sentencing in line with the actual conditions of our country based on the specific content of the Guidance Opinion of the People's Court of our country.Provide legal reference for the exercise of the discretion of penalty.