Relations On The Criminal With Civil Compensation And Penalty

Sentencing refers to the criminal judicial procedure over whether the people’s court gives a criminal penalty and which category of criminal penalties and the severity of punishment to the perpetrator or whether the sentenced criminal penalty is immediately implemented in light of the crime committed by the perpetrator and the severity of criminal responsibility, on the basis of conviction and identification of the legal punishment and according to the stipulations of the criminal law. The civil suit collateral to criminal proceedings refers to the litigation activity for the purpose that the judicial organ resolves the criminal responsibility of the defendant and at the same time incidentally resolves the compensation of material losses arising from the defendant’s criminal behavior during the course of the criminal proceeding. The civil compensation collateral to criminal proceedings means that the criminal defendant compensates for material losses caused to the victim by his/her criminal behavior, and the civil compensation collateral to criminal proceedings is only handled in the civil suit collateral to criminal proceedings conducted synchronously with criminal proceedings. In this paper, the civil compensation collateral to criminal proceedings is limited for the civil compensation in the civil suit collateral to criminal proceedings conducted synchronously with criminal proceedings, but excludes the compensation in a civil action filed after the criminal judgments, for the compensation at this time has been unable to affect the already-identified outcome of criminal verdict.Can the civil compensation collateral to criminal proceedings influence the sentencing in the end? Criminal law does not make provisions, but stipulates in the judicial interpretation that the material losses of victim having been compensated by the defendant shall be considered by the People’s Court as the circumstance of sentencing; that the material losses suffered by him/her due to illegal possession and disposal of the victim by a criminal shall be recovered, or ordered to return or compensate by the People’s Court according to law. The recovered or returning or compensating situation shall be considered by the People’s Court as the circumstance of sentencing. Is there basis on which the civil compensation collateral to criminal proceedings influences the sentencing in the end? This page argues the basis on which the civil compensation collateral to criminal proceedings influences the sentencing from five aspects such as having a legal basis and a policy basis, in line with the essential characteristics of the crime, conducive to realize the function of punishment and in conformity with judicial practice. Therefore, I believe that the civil compensation collateral to criminal proceedings may influence the sentencing to some extent. If the civil compensation collateral to criminal proceedings does not influence the sentencing, it would ignore the positive role of the civil compensation collateral to criminal proceedings, dispel the enthusiasm of the defendant’s compensation and be not conducive to compensate the material losses of the victim.As the discretionary circumstance of sentencing, the civil compensation collateral to criminal proceedings has the positive role in protecting interests of the victim on the one hand, but in the specific application, the different judges have a different understanding of the civil compensation collateral to criminal proceedings so that similar cases have a different verdict, which destroys the judicial fairness and legal authority.This page analyzes characterizes of these practices and discusses the meaning of the experience for our reference through a brief introduction of foreign practices about the civil compensation collateral to criminal proceedings. To solve the issues of "the different verdict in the same kind case" and "spending money on punishment and spending on life" that exist in the civil compensation collateral to criminal proceedings as the discretionary circumstance of sentencing, this page suggests that China should lift the civil compensation collateral to criminal proceedings to the legal circumstance and define the applicable scope of the cases of the civil compensation collateral to criminal proceedings influencing the sentencing, while limiting the range of the civil compensation collateral to criminal proceedings influencing the sentencing.