Victims To Forgive. Criminal Law Perspective

Forgiveness is a proposition of moral psychology.It is a kind of personal spirit or accomplishment to be always advocated by the person in the reality of the life.Let us look at the attitude our society showed towards Ma-jiajue's case and Qiu -xinghua's case,what will occur to our minds.What kind of choice did our judicatory make in that occasion? As to the case of the Nanjing German businessman's homicide,in which the victim opposed to death sentence penalty to the criminal,what kind of decision did our judicial organs make? Therefore, we have to reflect on our attitudes towards forgiveness.What is forgiveness? Traditional Chinese culture has no lack of forgiveness and "Being Lenient to all people "is also more than words of the Buddhism.What we should do is to awaken people to the idea.This is what the thesis is doing.This thesis combines "forgiveness" a proposition in moral psychology,with "victim",a proposition in law,thus forming the "victim forgiveness",which is further introduced into criminal law.Therefore,this move provides an excellent opportunity for some suggestions in the amendment to the existent law of our country.This thesis is divided into seven parts,32,000 words totally.Introduction part is a synopsis of the purpose of the research,scope and methodology used in this thesis.Chapter One is a introduction to "victim".The origin and summary of its definition is presented in this chapter.Victim refers to an unfortunate person who suffers from some adverse circumstance and a person who is tricked or swindled.Chapter Two is a study on "victim forgiveness".The origin,content and essence of the word are elaborated in this chapter.Author agrees with Enright's idea on forgiveness.Meanwhile,author puts forward that everyone has rights to show forgiveness to others on behalf of his country,society,ethnic community and social institution and right to forgive himself,others and society.Chapter Three is analysis of the value on forgiveness.The author analyzes the value of forgiveness from perspectives of criminal law,criminal punishment, and execution.Chapter Four is a reflection on the status quo of "victim forgiveness".The author finds that the judiciary system is still influenced by traditional revengism and reflects on the lack of victim forgiveness after reviewing some typical case in our judiciary law after reviewing some typical case in our judiciary law.The author proposed one of key concept of this thesis—victim forgiveness can be introduced into criminal law of our country under the premise of Trinity Structure in criminal law.Chapter Five is a key part of this thesis.Author suggests some reform in criminal law and supports his opinion that "victim forgiveness" be introduced into criminal law through detailed argument.Chapter Six is conclusion part of the thesis.Some expectations about "victim forgiveness" are put forward in this part.In addition,author holds that victim forgiveness be systemized and proposes some prospects of this system. The limitations and future research recommendations are presented in this part.