| The article brings about relative dispute by two introductions of compensation reduction of punishment cases in introduction part which points out the problem that the article is about to settle: why compensation for damages influences sentencing, how to keep fairness for sentencing compensation for damages and how the criminal liabilities of compensation for damages and punishment are, and on the base; analyzes relationship between compensation for damages and punishment historically; overview the current condition of the relationship between compensation for damages and punishment; introduce the relative regulation of our country and put forward corresponding perfect suggestion. This thesis is divided into 3 parts, and the main contents are as the following:In part-1 the relationship between compensation for damages and punishment is analyzed. The part mainly introduces the relationship between compensation for damages and historical punishment development. The starting point and key point of the article is: lighter compensation system. Therefore the study on lighter compensation system is the core of the article. The lighter compensation system mainly involves in the influence on the sentencing of compensation for damages, taking the influence of compensation for damages on punishment as the main content. Our angle of view that focuses on compensation for damages begins with the relationship between compensation for damages and punishment. The writer thinks the historical development of relationship between compensation for damages and punishment experimented three periods: unification of compensation for damages and punishment, gradual separation and accessing again.In part-2 the current situation of the relationship between compensation for damages and punishment is analyzed. The article summarizes the current situation of the relationship between compensation for damages and punishment briefly and the writer thinks compensation for damages can be one of plots of lighter punishment sentencing for the court; compensation for damages can be one of the conditions of parole. Punishment promotes the realization of compensation for damages to some extent, and on the base, the writer discusses the change of the meaning of compensation for damages to think that change of compensation for damages is caused by profound theory and social reasons which is divided into two aspects: the status of victim in criminal field is raised to make the problem of compensation for damages be paid attention to in criminal laws; the reason for compensation for damages hard to implement is the expanding way of compensation for damages. The aim of punishment's turning into non-durance penalty brings compensation for damages and punishment near. The change of the punishment's aim offer compensation for damages theoretic support, and the development of punishment get the relationship between the two near. Under the influence of the thought, light punishment and non-punishment become the trend of innovation. After that the writer answers the problem brought in the introduction: why compensation for damages can influence sentencing. The reason lies in that personal dangerousness is the evaluation object of criminal liability, which decides the using elasticity of punishment. After that the writer states how to keep fairness in sentence on compensation for damages. The writer thinks that the basic way is to reduce the influence of personal property status on lighter compensation by adopting relative measures to avoid the unfairness, expanding the ways of compensation, reducing the exclusive use of monetary compensation so as to reduce the influence of criminal's personal property status on lighter compensation; exploring more kinds of measures for tort liability.In part-3, relative legislative authority and practice are discussed. In the part the writer discusses the current situation of the relationship between compensation for damages and punishment. The writer introduces the rules that the criminal laws of our country have on compensation for damages. After that the writer introduces trials in the judicial industry. Meanwhile the writer points out that judicial authority unifies compensation for damages and criminal reconciliation; compensation for damages has influence on sentencing, and operation standard is thinning that is convenient for practical use; compensation for damages is listed into the situations for reduction of sentence or release on parole. Meanwhile the writer points out many problems during the process of trials, which can influence the development of relative systems and bring about chaos in justice and increase the difficulty of dealing with corrupt judiciary, which is not good for judicial authority to set up the image of fairness and causes discussion in the public.In the aspect of perfecting laws, the writer points out relative perfect suggestion. Firstly the spirit of compensation for damages should be brought about, which points out that the current judicial interpretation can't protect the legal rights of victims and it needs to be amend. Rights of compensation for damages on spirit of victims should be given. Secondly in the judicial practice of our country, compensation for damages is be done with the form of monetary compensation, which leads to the situation that judgment for damages can't be implemented because of the bad economy situation of criminals. The writer divides the forms of compensation for damages into four forms: monetary compensation, tort liability, monetary compensation combined with victim-offender mediation and the way of tort liability combined with victim-offender mediation. The current compensation of our country is monetary compensation and the monetary compensation combined with victim-offender mediation, which lacks another two kinds of forms of tort liability. Because tort liability is seldom influenced by criminal's personal economy situation, compared with monetary compensation, the writer thinks that the establishment of tort liability should be paid attention to. The influence of lighter compensation and compensation for damages on sentencing is embodied on the aspect in judicial industry of our country. The writer points out his own assumption that lighter compensation should have a standard for lighter compensation and the extent for lighter punishment. The writer thinks that victim-offender mediation shouldn't be the forced premise for lighter compensation, and lighter compensation shouldn't be used only in light criminal cases; bottom line for giving a lesser punishment should be the lower limit of laws. The writer thinks that the current laws in our country should combine compensation for damages, probation, conditional release and reduction of punishment.
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