A Study Of Victim Understanding In Criminal Trial

To better implement the"the criminal policy of tempering justice with mercy", judicial branches make bold attempt and practice for victim understanding, and make relevant documents. But as a new system, firstly there is still no systematic research on it so far, secondly various questions in the practice. So it requires greater attentions, and has important significance in theory and practice.The author tries to systematize the subject of"victim understanding". By elaborating the basic connotation, theoretical basis and value, the thesis provides theoretic foundation for this system. Through the practice of the present situation, the thesis also provides the practical basis. And the author tries best to make theory unanimous with practice."Victim understanding in criminal trial"is a consultation between the victims and defendants in hazards, loss and compensation before the sentence, and victims based on their wills forgive the defendants, ask for the judicial branches to given a lighter or mitigated punishment. It bases on theories of the Interaction in criminology, the austerity of criminal law, modesty of criminal Law, restorative justice, ternary structure mode in criminal legal relationship, contract theory, and reflects the values of justice, efficiency, democratic and harmonious.Viewed from the experience of some places, victim understanding has extensive scope and the courts use it in varying degrees, and primarily focuses on the light injury case, traffic accidents case and the minors criminal case. Social relations were resumed and civil compensation claim to be practical.But there are also some problems, first of all it is lack of legislation and don't have unified standard. Secondly, it has some problems from practice such as regretted for the understanding, compulsory understanding, valuing the compensation and lack of accessary system. Therefore, it is necessary to establishing victim understanding system in criminal trial, which promote the harmonious justice and lessen the social upheavals. First, the victim understanding ought to be legally-prescribed circumstances of sentencing, and clearly defined the conditions and scope. These conditions are remorse for a crime, compensating actively and sincerely understanding. Secondly, it needs to regulate the trial process, and select the helping brother or sister as the master. It is very essential to learn useful experience from foreign countries such as Britain that litigant interview with face to face, and constitute a supervision mechanism between National People's Congresses and procuratorial organs, record of the cases. At last aid their implementation by establishing the accessary system, such as victim salvage system by state, the defendant's ability of compensation system and the criminal legal aid system, which achieve the legal effect and social effect.