Thoughts On "Paying Punishment In Cash"

"Paying punishment in cash" is a practice of leniency of a penalty in which the people's courts are taking the extent of crime against society into account, and considering the offenders' voluntary reparations to victims of crime. In the sentence the people's courts applies to reasonable compensation to reduce the damage of crime by penalty, to protect crime victims and to let offenders change their attitudes of contempt of laws, which have a very important positive significance, but the casual use of the compensation cases may make the sentence unjust and even lead to re-victimization of victims, therefore it is necessary to explore a set of compensation rules. On the basis of the real practice of "Paying punishment in cash", the lack of a unified approach and the statutory procedures and models is often seen in the courts of different places, and some cases even are beyond the existing legal framework and have no reasonable basis. Therefore, this paper aims to propose the basic ideas and specific programs of "Paying Punishment in Cash" system on the basis of the deep analysis of "Paying Punishment in Cash", the discussion of selection of its value, the nature of the responsibility, the investigation of foreign practice of reconciliation through the system, and the combination of China's national conditions.The paper consists of two major parts—the introduction and the body of the paper which includes five chapters with total words of 30000.Chapter IA Brief Introduction.First of all, the brief introduction to the definition of "Paying Punishment in Cash" is given, on which the main phenomenon of "Paying Punishment in Cash" is elaborated. Meanwhile, after elaborating the main theories disputes on "Paying Punishment in Cash", the author puts forward her own opinions: "Paying Punishment in Cash" cannot be generalized in that reconciliation has not yet been institutionalized in criminal cases and it is reasonable to limit this to a small scale. As for, how to maximize the positive effects and to avoid negative effects of "Paying Punishment in Cash", There is a need to standardize its operation mechanism step by step until it is finally institutionalized.Chapter II The conditional value of selection of Paying Punishment in Cash".This chapter has a further analysis of "Paying Punishment in Cash" from the select of value. First of all, the important criteria of the effect of "Paying Punishment in Cash" system depend on whether it is able to achieve the purpose of special prevention; Secondly, the practice of "Paying Punishment in Cash" is to ensure the protection of the crime victims; Finally, compensation is the law results of criminal acts and the offenders should bear its legal responsibility.Chapter III The nature of the Criminals' voluntary compensation.In this chapter ,at first, considering the current situation of the criminal nature decision , the author do a deep analysis of the pros and cons of putting criminal damage in legal responsibility, on the basis of which the author put forward the basic conditions of the responsibility transformation of the damage compensation: First, the offender admits his guilt; Second, the offender shows repentance and pays victim compensation and they are forgiven by the victim; Third, the courts decide the penalty considering the compensation.Chapter IV Specific programs to institutionalize the system of "Paying Punishment in Cash".This chapter is the key ideas of this paper. First of all, based on the point of the repair of damage to the interests of the victims, referring to the international common practice of criminal settlement and considering the China's national conditions, objects of "Paying Punishment in Cash" are identified. The scope and quantity of criminal compensation is further elaborated from the crime types such as of property, violation of personal rights and others. Finally, a detailed exposition is given on the compensating contents and implementation ways of criminal damage and especially including the compensation for moral damage and then puts forward specific recommendations.Chapter V The basic ideas about legalizing "Paying Punishment in Cash".The institutionalization of norms on "Paying Punishment in Cash" needs to perfect it on the level of standardization, to change legal practitioners' ideas, the support by the healthy psychology of the society. First of all, our country needs to standardize the "Paying Punishment in Cash" at the legislative level: 1. the circumstances of the statutory sentencing are explicitly fixed by legislation; 2. the content, quantity and the scope of compensation need to be clarified by the guidelines of typical cases. 3. relative criteria and quantity needs to clarified after the damage compensation. Secondly, in judicial practice , "Paying Punishment in Cash" must be under a standard of reasonable sentencing procedures, in the appropriate macroeconomic environment, and then the "Paying Punishment in Cash" can minimize the risk of regulation to ensure that the results of treatment is fair and reasonable, and eventually the institutionalization of "Paying Punishment in Cash" is established.