The Research Of The System Of Criminal Victim Forgiveness

Criminal Victim traditional criminal law has been a blind spot in the study, and the rise of the movement to protect the rights of victims and victims in criminal proceedings to enhance the status of the urgent requirements of criminal law theory and victim integration to meet the needs of the criminal integrated development. Throughout the various criminal law textbook chapters written from the point of view style, mostly Subjects criminal law and criminal law on the main line from the main contents of the study to see, including the theory of crime and punishment theory. Not specifically analyzed in criminal law textbooks victims. Subjects in the Criminal Code to exclude sex crime victim commitment mentioned behavior, the behavior of the victim in criminal law theory may affect the establishment of a sin. The criminal law as a textbook using this natural writing style is reasonable, but the victim ignored for a long time also led to confusion factor victim in the criminal law studies and judicial practice. Victim understanding attitude to make up for the victims of this crime after crime factors in theory and lack of punishment theory.Victims of domestic research on attitudes and behavior began after the criminal settlement, from the Western countries, the emerging concept of restorative justice. Since the 21 st century restorative justice and research in China started to develop quickly, realistic basis for its existence is to protect the rights of victims and criminal justice concerns failures in crime prevention and transformation of human respect. Until the new Criminal Procedure Law enacted in 2012, has long been on restorative justice philosophy under the guidance of the criminal settlement is able to finally have implemented in our conclusions. Criminal Procedure Law of the public prosecution in cases of criminal reconciliation process. However, as the core of research understanding of victims in the criminal settlement Criminal Procedure Law failed to keep up with the pace of research. In the context of a socialist harmonious society, the criminal settlement and killed more emphasis on harm Fang Fang at a third-party mediation or criminal organization peaceful settlement of disputes, and ultimately the judiciary for criminal suspects and defendants in criminal not to pursue criminal or mitigated responsibility. The lack of in-depth study and understanding of the victim, the criminal settlement will become a river without water, without trees.This paper is divided into five parts, words, about 50,000 words, the main contents are as follows:The first part is an overview of the criminal victim understanding. This part of the author analyzes the meaning and understanding of victims, and on this basis of understanding leads to the concept of victim, the victim clear that understanding the understanding of victims of this study are institutionalized. Elaboration of the concept can only clear concept connotation, but also by comparison with other concepts in order to clear the concept of extension. Therefore, the concept of the victim immediately, the author of the victims of understanding, the victim agreed to the criminal reconciliation discriminates, in order to determine the center of research in similar legal systems.The second part is a fit about the basic principles of criminal law criminal understanding with the victim. The first part, the author analyzes the legal property of the victim understanding, pointing out that the victim belongs to a right understanding of victims, transferring part of the state can give the victim the right punishment for its free action. Criminal law is the basis for the exercise of state power of punishment, the victim must have an impact on understanding the power of punishment is bound to be introduced to the theory of criminal law system. The basic principle of criminal law is the soul of the criminal law, but also to introduce the theoretical basis of understanding of victims of criminal law. The author in this section focuses on understanding how the victim fit with the three basic principles of criminal law.The third part is about understanding and conviction and sentencing of criminal victims. This part of the author’s understanding of the different types of victim made a brief analysis, understanding of victims of criminal law as a research function of the premise. Then elaborated understanding of victims influence conviction and sentencing on the basis of that understanding the relationship between the victim and the social harm. Conviction on the victim understanding the function, the author pointed out the crime victim understanding function in minor criminal cases, and functional analysis of the crime of specific performance; understanding the victim sentencing function, the author analyzes the understanding of whether the victim sentenced, type, severity of punishment penalty if sentenced to probation, sentenced to influence whether the death penalty.The fourth part is understanding the status quo with regard to the implementation of criminal victims. The author describes this part of the status quo understanding of victims through legislation and judicial perspectives. First, the legislative analysis of the position of the victim in the Criminal Code of understanding, the Criminal Procedure Law and judicial interpretation, and points out the lack of understanding about the victim Legislation. Secondly, in the analysis of the victim judicial understanding judicial determination is not standardized, lighter sentencing irregularities.The fifth part is to improve understanding about the criminal victims. This section corresponds with the fourth part, or perfect understanding of victims from the legislative and judicial system. In legislation, improve the relevant legal system, a clear understanding of the crime victim functionality. By giving the public security organ specific understanding of victims not to file criminal cases, minor or revoke the rights of the case, the slight understanding of victims in criminal cases as a discretion not to prosecute or deferred prosecution of conditions to achieve. In the judiciary, judicial determination of understanding from the victim, the victim understanding review and oversight start.