Forgives The System Correlation Question About The Establishment Criminal Activity Victim The Ponder

After the victim forgives the behavior is refers to the victim to be an expert to good expert the manner implementation criminality, makes the clear instructions or shows silently forgives the author, does not accuse to the judicial organ or proposed punishes the suggestion leniently to the author the behavior/Regardless of forgives the system from the victim the scope or the intensity inspects, the basis present correlation criminal activity policy aspect laws and regulations or the judicial practice, the victim forgives the system to have the deficiency. Is as for the whole, carries out in the pattern in our country present criminal activity policy, pays attention to national, the social benefit and the crime everybody power safeguard excessively, take the country as the standard, but has neglected to the victim human rights safeguard, pursues the recoverable just goal with the Chinese construction socialism harmonious society criminal activity policy not to agree with.But the victim forgave the system exactly to make up traditional criminal activity judicature system this kind of insufficiency, better safeguard victim’s human rights. The victim forgives the behavior the potency basis is refers to victim’s forgiveness behavior to determine guilt the discretion of punishment to the author to have the influence legal principle theory of law basis, including recoverable judicature and criminal law modest and restrained innate disposition theory.Criminal reconciliation potency basis stresses on the recoverable judicial theory, the folk remedy forgiveness behavior potency basis stresses on the procedure independent theory, stemming from forgiveness did not investigate the behavior the potency basis stresses on the criminal law modest and restrained innate disposition theory.In our country criminal law, constructs the victim to forgive the behavior system the main tentative plan to be as follows: Exercises forgiveness power to the victim to carry on the rules and regulations, the adjustment can be suitable the victim to forgive the system the case scope, as well as the victim forgives the system the realization.