On The Influence Of Criminal Supplementary Civil Compensation On Sentencing

This paper focus on the influence of incidental civil compensation on measurement of penalty. It is an empirical research. My study is based on the judge’s interviews and 68 supplementary civil compensation cases which were dealt by Wuzhou’s court. Through the empirical analysis, this paper found that: compared with the intermediate people’s court, the supplementary civil compensation for the influence of the grass-roots court were more. In the same type case, the court presents the characteristics of the mitigation on the Measurement of penalty for criminal who actively compensate the victim. In death penalty cases, the death penalty will be changed to death sentence with a two-year reprieve and forced labor. And this proportion is as high as 57.89%. These findings suggest that, in the judicial practice, criminal that positively perform the obligation of Incidental civil compensation can obtain a light sentence to some extent. In this paper, the judge’s interviews also proved this conclusion.In this paper, I analyzed whether the judicial practice violates the current laws and whether the judicial practice has a legal justification. This paper argues that Article 61 of the criminal law is the legal basis of that criminal who actively compensates the victim can obtain a light sentence to some extent. Article 61 of the criminal law is very abstract. Judges can not apply this article to determine a case directly. However, a series of judicial interpretations of the supreme people’s court provide Judges a more specific guidance to determine this issue. From a view of legal principle, that incidental civil compensation can influence Measurement of penalty Can promote the realization of the function of punishment crime prevention. And at the same time it can also realize the balance of the interests of the state, the plaintiff and the defendant. The mitigation of punishment and individualized has become the development trend of modern society. It complies with the trend of the mitigation of punishment. At the same time, this sentence patterns treat criminals differently based on their different performance on compensating for the victim. And this is also the embodiment of the individualized punishment. In addition, according to the theory of social harmfulness of traditional criminal law, positive compensation for criminal victims would also reduce the social damage of crime. And this is the legitimacy basis of that incidental civil compensation can influence Measurement of penalty. In the judicial practice, this sentence pattern is conducive to saving judicial resources. This sentence pattern can make the victim get timely and effective compensation. Besides, it can avoid the problem that the verdict of supplementary civil compensation layaways cannot be executed. In addition, from the perspective of comparative law, the criminal law of Germany, France, and Italy recognize that the supplementary civil compensation can influence Measurement of penalty.Although this kind of sentence pattern has legal basis and theoretical justification, and the judge is also willing to actively apply this sentence pattern,that criminal incidental civil compensation influence Measurement of penalty also need to deal with many problems in judicial practice. The current law and judicial explanation about this issue are too principle and abstract to be used.According to the analysis conclusion about the corresponding to Wuzhou of court cases as an object of empirical and the related theoretical research this paper proposes the following solutions, in order to make the criminal supplementary civil compensation influence Measurement of penalty more standardized. We first need to specify the case scope of the supplementary civil compensation effect Measurement of penalty. Under this premise, we need to make a clear, strong operability of the procedural rules, which can restrict the discretion of the judge and enhance the acceptance of judgments. At the same time, we also need to set up the national compensation system aimed at help victim. This situation is likely to appear. Some victim who is very poor may have no choice but to accept the money from criminal, but the criminal the criminal did not repent. This problem can be avoided if the national compensation system can be set up. In addition, we also need to broaden the approach which incidental civil compensation can be implemented. This is my research. Maybe it is not very satisfying. I sincerely hope that professors can give me some suggestions.