Research On The Legalization Of The Victims' Forgiveness Plot

In people's traditional viewpreviously, criminal prosecutionwas carried out by national judicial authority without considering the attitude of the victims. Indeed, while in the case of public prosecution, the victimscan not control the judge's conviction of crime, but the whole sentencing process and the results have been more or less affectedby the decisions of the emotions and attitudes of victims and other factors. Introducedthe forgiveness factors of victims in the sentencing has become an important direction of development in the punishment theory and practice of the world.Victims'forgiveness is aact that the victims made to forgive the perpetrator by expressly or implicitly after the person committed the crime, not to pursue or proposed to mitigate the perpetrator's criminal responsibility. Scholars generally believe that it is an important discretionary sentencing which can have an impact on the sentencing. Introducedthe forgiveness factors of victims in the sentencing is the embodiment of the humanistic view of criminal law.Its basic value is the aspirations of people-oriented. It also seems played a lot of value in practice. Given its importanceinfluence on sentencing, justice should attach great importance to the plot for victims'forgiveness. However, a purport to be correctly applied in the administration of justice, the key is to legalize it. Reflections on the basis of this logic, we found that, in terms of theory, practical and legislative point of view, the legalization of victims'forgiveness plot have had sufficient basis for legitimacy.However, in China's current criminal law, the provisions onvictims'forgiveness plot is not clear, only scattered among the relevant statutory provisions and hadn't a uniform application of reasonable standard, which caused some difficulties in the judicial practice and led to Series of problems. Based on the status of current legislation and the need for the consideration of judicial norms, the path to realize the legalization of victims'forgiveness plot should not only reasonably designed in the legislative norms. We also need to make the legislated plot further clear in the judicial application to guide its proper use in the judicial activities. Additionally, we must prevent or deal with some contentious issues may be encountered in practice and supplement relevant operating system, which can really make the legislated victims'forgiveness plot do their best and play a greater...