Victims' Position In Penalty Judgement

The protruding crime problem is a big difficultity puzzled all countries for long time. Huge increasing of crime leads to the correspond increasing of the amount of victims, which make crime victims now have been a serious social problem.How to solve this problem also become a stern task of the society.At the same time, the victims also hope to have a chance to tell their stories and send the information of their identities of victims.But the status of victims in criminal judicial system is far away from meeting the ugent demands. The traditional penalty theories empahsizing on criminals have been proved that they can't solve all the criminal problems.So the author think it is necessary to introduce a wholely new angle to investigate.This article tried to estimate the theory above-mentioned again beginning with the other hand of victims, on the base of which the author raised a new penalty theory and wished he could make the necessary and reasonable reaction.Firstly, the author made the definition of victims from the sense of science of criminal law by comparative method of research to define a reasonabe research category for this article.Secondly, the author analysed reasons of decline of victims status in panalty system on the base of inspecting the development of victims status.Thirdly, it is possible for the new times to draw back the victims status, which have the basis of traditional science of law and philosophy.Lastly, the author aimed at the shortcomings of present penalty theories , and put forward the specific viewpoints from the victims'aspect.The outstanding characters of this article is :(i) Adopting comparative and historical research methods, including comparation of horizontal subjects and analysis of ancient, modern, Chinese and foreign systems.(ii) Not rigidly adhere to theory research, adopting illustration method, combing legislation and judicial practice of other countries through relative cases and trying to draw more scientific conclusion.(iii) Raising the viewpoint that victims have more influnce of panlty, in order to give some help to promote penalty theory in our country, for the reason of the lack of penalty research by victims.