The Research On The Influence Of Compensation For Damage To Sentence

Under the criminal policy of punishment with leniency,“Paying punishment in cash”hascaused public’s concern and wide discussion from all walks of social lives. Although theSupreme Court repeatedly confirm the impact of compensation for damage to the relevantprovisions of sentence, and compensation for damage is also used as a sentencing plot appliedin judicial practice, but it still can not reduce the question of public, even worse, the relevantjudicial confusion adds the public’s concern about how to guarantee judicial justice. Theauthor thinks that the lighter penalty by compensation accords with the requirement ofmodern laws, thus it is not in violation of the principle of criminal law that introduces it intothe criminal law field, basing on this the article will make the research mainly from severalaspects as below:The introduction section mainly discusses the theoretical and practical significance ofthis topic, the present situation and main disputing problems of current theory research, andthe research methods of this article.There are five chapters in this article.Chapter one The overview of the influence of compensation for damage to sentence. Inthe part, the focus of controversy is drew out through a description of a classic case, then themain problems to be solved in the full text has been put forward, that whether and how thecompensation for damages can influence sentence. In addition, the relevant concepts will alsobe defined in this section, including the concept and nature of the compensation for damages,the nature and purpose of criminal punishment, the qualitative analysis of the phenomenon“paying punishment in cash”.Chapter two The historical development of the influence of compensation for damageto sentence. This article is based on the controversy of the phenomenon of compensation fordamage, mainly studies the impact of compensation for damage to sentence, sets its historicaldevelopment as the main line, expounding from the perspective of the historical development at home and abroad. It has been concluded that the impact of compensation for damages tosentences has experienced through close to point to close to the process, thus it illustrates thatit does not exist a natural gap between the compensation for damages and the sentence. Theirrelationships in the history can make reference for us in some extent.Chapter three The theoretical basis of “paying punishment in cash”. Throughinvestigation and exploring the theoretical basis of “paying punishment in cash”, this part isaimed at providing theoretical support to the research of relationship between compensationfor damage and penalty. Why can compensation affect the penalty discretion, and it hasrationality in theory besides the support of individual laws. Not only does it not conflict withthe basic principles of criminal law, but also is the inevitable choice of the value pursuit, andits natural fitting with the penalty purpose. It complied with the development requirements ofthe concept of restorative justice, and also has the certain positive role to improve thedifficulty of punishment execution.Chapter four The analysis of current sentencing status. Through analyzing thestipulation of the influence of compensation to sentence in China’s relevant laws, regulationsand judicial interpretation. It summarizes the current situation in China’s current legislationand judicial practice to be discussed as below. Through summarizing and analyzing theforeign experiences, we have summed up the foreign legislative cases in order to providereference for the perfection of legislation in China.Chapter five The existing problem and perfect suggestion of related legislation ofcompensation for damage in China. Combining with the above analysis of present legislationsituation, we have summarized the main problems existing in legislation and judicial practicein our country at present. And then basing on the practice in our country, we draw lessonsfrom foreign advanced practices and put forward some feasible suggestions to solve theseproblems, such as confirming the lighter penalty by compensation in the criminal law, thechoice and improvement of the compensation form, etc.