Theory Of Criminal Damage Compensation And Penalty Applies

The appearance of some established cases of paying punishment in cash causedmany controversies in the society. The skeptical attitudes towards it in thenongovernmental organizations can also be heard without end. Besides, there aredifferent voices of praise and debasement. However, all of these phenomena haven’t“prevented” various judiciaries from exploration and application in the practice ofadministration of justice. This is because “Paying punishment in cash” has its ownreasonability and theoretical basis in the presence. Although it needs improving insome aspects during the process of practice, yet it doesn’t negate its value.“Payingpunishment in cash” reflects the relationship between criminal compensation andpenalty application, which plays an important role in perfect this system.The introduction of this paper summarizes different attitudes towards “Payingpunishment in cash” and analyzes the problems of “Paying punishment in cash” thatare shown in the Penal Code, which is by means of analyzing two cases to raise the“Paying punishment in cash”. It leads in the problem which aimed to be solved in thispaper by analyzing the problem which is about the criminal compensation and penaltyapplication. Whether criminal damages can influence the penalty application? What’sthe theoretical basis? How to regulate the criminal compensation system?First of all, the first part of the body defines the definition of the criminalcompensation system and analyses the differences between criminal damagecompensation, people with litigation compensation and criminal compensation.Secondly, it states the criminal illegality, punitive damages and criminal compensationof the criminal damage compensation. Thirdly, it analyses the relationship betweencriminal damage compensation and penalty application. Finally, it summarizes thecurrent situation that criminal compensation can influence penalty application in someaspects, such as related laws and local judicial practice.Chapter two analyzes the theoretical basis that criminal compensation caninfluence penalty application, analyzing it in three ways: the social harm theory, thepersonal risk theory and the limited transformation of criminal liability and civilliability. The first section of this part is to introduce the society-danger theory to state the relationship between society harmfulness and penalty application, by which wecan draw a conclusion that criminal damage compensation is an important part ofshowing criminal physical danger. The second section of this part is to sate therelationship between personal danger and penalty application, which shows thatcriminal damage compensational is a main factor of the criminal physical danger. Thethird section of this part is to state the limited transformation of criminal liability andcivil liability. The criminal liability and civil liability are suitable for their tendencyand correspond to the concept of restorative justice, which have practical law basisand actual basis.The third part of this paper proposes some specific suggestions to improve thecriminal damage compensation system in our country. There are some problems in thecriminal damage compensation system in our country, such as the lack of unified anddefinite regulations. Aiming at these problems, this paper suggests taking criminaldamage compensation as a specific and concrete legal procedure of statutorycircumstances of sentencing.