The Influence Of Infringer's Compensation In Criminal Procedure

The infringer in the crime is the crime actor that bring the victim personal damage and property losses. The crime's social hazard decides the crime will not only endure the criminal responsibility,but also bear the economic compensation to the victim. Under the current legislation,there are close connections with the crime and victim,and it's main reflected in the detect prosecution and trial stage of the criminal procedure. But now this crimes are only limited in the mionr criminal.The infringer's compensation is connected with the desire that light punishment,in the practice,the procedural consepuences of compensation in detect stage is to dismiss the criminal case or not arrests,and in the prosecution stage is discretion not to prosecute ,in trial stage is discretionary dealt with leniently.The full text is divided into four chapters. On the basis of reorganizing the current legislation,put forward a sound proposal in the detect prosecution and trial stage of the criminal procedure.Chapter one,it's main define the infringer and the infringer's compensation,and distincted the compensation with the tradional civil liability and victim offender reconciliation(VOR). The infringer's compensation is not a simple civil liability,it's the repent that the infringer express to the victim,and ask for the understanding. And it's also not the same with the VOR , now the VOR is accept to the theorists and practitioners only as the judicial trend. It's also very different with the Lose money commutation, because the infringer's compensation is not necessarily for the victim's forgive ,and also not necessarily for dealt with leniently in the program.In the second chapter,on the basis of listing the normative documents of local jurisdictions in judicial practice,and analyzing the pros and cons of the documents.In chapter three on basis of reorganizing the current legislation,I try to were analyzed the influence in the detect prosecution and trial stage of the criminal procedure. And proposed the problems and dilemmas existed in solving the crimes of infringer's compensation.In chapter four,the main mission is to proof the infringer's compensation crimes'status and role in the criminal procedure,and discuss how to improve measures that soluting this type crimes. For the problems in the three stages , I will also try to proof these problems from the start of system construction. In detect stage ,the public security organs is lack of legal basis in solving the infringer's compensation crimes,so I will try to established the triage mechanism for detect in this stage,and given the public security organs power of settlement withdrawn. In the prosecution stage,as to the problems from the prosecution model, so I put forward ideas of deferred prosecution,try to ease the procedural contradiction of infringer's compensation crimes. And at the last ,in trial stage,the influence of infringer's compensation is reflected in conviction and sentencing. So in this stage I give bold ideas that rising the discretionary circumstances to the official plot of the infringer's compensation.