Research Of Victim Forgiveness In The Criminal Judicial Application

At present, there is no clear legal provisions about victim forgiveness in the criminal law of our country. It’s only as a suitable conditions of criminal reconciliation in the criminal procedure law. It has no independent legal status. Therefore, there are many problems in criminal judicial application. First of all, some judicial interpretations in our country, provide the basis for the theft between relatives, minor theft, and rape that can not be criminal. Thus,it has caused the debate of whether victim forgiveness can affect the conviction. There are also some scholars from the perspective of judicial interpretation itself, who think these judicial interpretations are wrong. They are contrary to the Statutory principle of crime, so they can’t be a reference. It should be said that the judicial interpretations like this, really deviate from the Statutory principle of crime. So, in order to solve this problem, we can draw lessons from other countries to expand the scope of the cases of acceptance at complaint only.They should be brought into the scope of the cases of acceptance at complaint only. Second,as a sentencing plot, victim forgiveness still is a discretionary sentencing plot to play a role.However, it still doesn’t come to consistent in the academic circles. Someone thinks that victim forgiveness should not be a sentencing plot; Someone thinks that victim forgiveness should be legalized. It should be noted that victim forgiveness has been widely applied in the judicial practice. So there is no point to deny it at this time. Moreover, the discretionary sentencing plot itself has some drawbacks. For example, it’s too optional so that it entirely depends on the discretion of the judge whether or not it can be applied. Therefore, it is necessary to legalize it. Specifically, we should give it a clear legal status in criminal law, as a legal sentencing circumstance. But even as a legal sentencing circumstance, it still exists many problems in the concrete application. It’s applicable scope and conditions are not clear,which leads to the chaos phenomenon in judicial application. So it is necessary to provide definitely the scope and conditions of victim forgiveness as soon as possible. At the same time, it’s a new angle to redefine the decision criteria of the scope. Finally, it always will"compensation" and " together in the judicial practice. Moreover, it tends to pay more attention to "compensation", ignoring the " victim forgiveness ". The reason is that it’s hard to get compensation for the damage causing by the crime in time. Even some victims simply can not get compensation. Therefore, it’s a feasible proposal to set up The national compensation system for criminal victims as the safeguard mechanism of victim forgiveness. At the same time, it’s necessary to define the standard of compensation to prevent "spending money on punishment", making the victim forgiveness can more reflect the voluntary of the victim.