On Victim's Pardon Upon Conviction

Conviction is one of very important criminal jurisdiction. In this procedure, the judge's discretionary power is also very important. At present situation which the three parties format of "prosecutor—defendant--judge" is dominant, the position of victim is usually neglected. As to this point, more and more scholars have paid close attention to it. In many foreign countries, the research on victim has been valued more and more, correspondently, the research on victim's pardon is the same. But there is less thesis to argument this subject systematically. In China, there is less attention and fruit on this subject, and both the depth and the breadth are less. So it would be very significant to research this subject.The author tries to argument the subject of "victim's pardon" systematically, and from fundamental conception to theory and practice which including both civil and overseas, and at last, talk about advice of amendment of criminal law and criminal procedural law. The basic construction is from macroscopic to microscopic and from theoretical to practical. While talking about theory, also practice, tries best to make theory unanimous with practice.Chapter1: mainly argues the concept of victim's pardon, analyses the scope of victim tightly, and studies victim's parson both from the angles of historical and overseas in detail. The emphasis is to analyze the reason of the demonstration of victim's parson in ancient China and the demonstration overseas. Many new points included.Chapter2: mainly argues the foundations of victim's pardon, including theories of the reason of criminology, the sport of contradiction, the ways of system, the idea of rule of law and the harmonious of society.Chapter3: mainly argues four practices of victim's pardon, including ADR, plea bargaining, restorative justice, and criminal reconciliation. And connected with practice, to analyze both the merits and shortcomings of four theories, especially their applicable value which is very significant to draw lessons. Chapter4: mainly argues the present situation and reason of victim's pardon in Chinese criminal law. The present situation: one, there is a very deep concept that substitute victim's will for state's will. Largely, victim's pardon is just of discretionary circumstances of sentencing; two, the right of victim is expressed in voluntary prosecution cases at large extent. The reason: analyzes mainly from the angles of the theoretical research in criminal subject and the concept of social defendant. The angle of view is more novel.Chapter5: mainly argue how to relocate victim's pardon in Chinese criminal law from the angle of "should be". Including the affection to determine a crime, ought to be legally-prescribed circumstances of sentencing, and the affection to extent of punishment, etc. This is one of the most chapters, many ideas full of novelty. Especially, it is a very excellent, novel, and creative point that to research when the victim's pardon should be converted into legally-prescribed circumstances sentencing and to write into criminal law.