The Study On The System Of Victim’s Forgiving In China

In the traditional model of criminal justice, victims often play the role of provingthe defendant guilty, but they seldom affirm their beliefs or interests in court. so thevictim apparently is in a passive and neglected position in the entire system of criminalprocedure. The study of victim forgiveness broaden the research scope of victimfactors,and bring new exploring and trying in judicial practice, besides it has a positivesignificance for the victim, the offender and the society.The victim forgiving is a act that victims fully demonstrate his initiation andenthusiasm in criminal cases, however Victim’s forgiving system is the generaldescription and architecture for The victim, from theory to practice, from the entity tothe procedure. In this essay, firstly the author defines the victim forgiving in the contextof criminal law, and highlights victims ’ understanding ’ features and advantages throughthe relationship between victims ’ understanding and victim-offender mediation. As longas the victim forgiving has sufficient elements, it is adopted by the judiciary and may beproduce the final legal effect; Secondly, after defining the basic concept of victimforgiving, the author want to explore its reasons and basis. In fact, the spread andpractice of restorative justice lay the theoretical foundation for the victim forgiving, andthe Principle of last resort in criminal law provide a theoretical support for it.Importantly, the social realistic needs and judicial practice support the system of victimforgiving. But, even if this, the system still incurred many questions,especially theconflict with the fundamental principle of criminal law. This essay will explain thesequestions from basic of the contents of these principles;Lastly,the part about concreteconstruction of victim forgiving system is the most important and hard content of thisessay, it mainly answer the following questions: who can forgive the offender? how theoffender achieve the forgiveness of victim? what legal effects the victim forgiving maylead to in different stage of criminal proceeding? which cases the victim forgiving canapply to? The essay try to provide some suggestions for victim forgiving’apply by theseresearch.