| The Supreme People’s Court has enacted normative documents to influence on sentencing by which the Criminal victims’understanding. The new "Criminal Procedural Law" has provide that understanding of the victim can affect the litigant reconciliation case of public prosecution which means that "understanding" has been provided in official document. Besides,"understanding" has been as circumstance of sentencing in judicial practice, the nature of the cases that exist understanding of the victims have not only limited to the slight criminal offence such as the traffic accident cases and the intentional injury cases but also persist the serious criminal cases,for example,the Rape cases, intentional homicide case, endangering public security in dangerous way. Although there is no understanding in special individual cases even has deepened the contradiction between the parties, we cannot deny the influence of understanding as sentencing plot was unable to stop. Differently, scholars have a different views on understanding as sentencing plot because different of theoretical foundation. Professor Zhang Mingkai basis on the theory of restorative justice support that understanding can affect the sentencing, but the professor Wang Ruijun is on the opposite basis on the responsibility.The primary cause of the confusion in practice and the controversy in the theory is that a series of problems such as the reason of understanding affect the sentencing, how understanding impact on punishment, how to balance the impact. Understanding as circumstances of sentencing to have a reasonable on impaction on punishment must rely on the bond of points between understanding and sentencing, conditions and combined with other factors in the cases. Ensure that" analysis in one case, to refuse to aggravate punishment when understanding cannot be taken " to realize Penal justice. |
