The Study On "Compensation Lenient" Sentencing Circumstances

Undercriminal field, defendant compensation means the defendant’sremedy tothe loss of victim." Compensation lenient " sentencing circumstancesis adiscretionary leniency in sentencing, the defendant was under active spontaneouscompensation for victims of the premise applicable, has been widely used in today’spersonal or property damage caused by cases. Compensation is the essential meaningof the accused civil liability, but because of its dual decreases reflect the defendant’sdangerousness and social harm the defendant’sconduct, the defendant can be shown toreduce the need for special precautions, and therefore specific discretion,and the judgecould then give the defendant a certain degree of leniency punishment. In this paper,"Compensation lenient " sentencing of theoretical knowledge of the sort, based on thestudy of the status of the judicial application of the plot, summarized a "compensation lenient " sentencing in specific application problems, solve theseproblems, and then proposed a " compensation lenient " sentencing applies soundadvice.Apart from the introduction and conclusion, this paper is divided into five parts,about37000words:The first part of the definition of compensation. Prior to this study thecompensation for a comprehensive overview, first of all, is a means of compensationin the criminal field, based on the defendant ’s own criminal act to compensatevictims or families of victims, because of its generally after the incident, did notdeliver judgment performed, it is often referred to as advance compensation;Secondly, the legal nature of the compensation, there are three academic view thatcivil compensation, rehabilitation, bear criminal responsibility, but it is still theessence of civil liability for compensation commitments; Finally, compensation andrestitution, compensation judgment, there are similarities and differences orderedcompensation should not be confused with each other.The second part," compensation lenient " sentencing basis of legitimacy. First,the " liberal compensation " theory-based support, and special preventive restorativejustice theory constitutes the theoretical basis; Secondly, the " compensation leniency" culture-based support, Confucianism "and" culture within the field of criminal use;again," compensation for leniency," there is a demand-based support, the defendant, the victim, the national interest demands tripartite manifestation; Finally,the " compensation leniency " valuable basis for approval, judicial fairness,democracy, harmony and highlighting the benefits of the value of the concept ofcriminal law.The third part," compensation lenient " sentencing Judicial Application Statusvisit. First, the " compensation leniency " in28provinces, autonomous regions andmunicipalities directly under the " People’s Court sentencing guidance (Trial)" Rulesof the provisions of the case to be investigated, including " compensation leniency,"the magnitude of leniency for considering the factors detailed and specific provisionselegant; Secondly, the " compensation leniency " applicable charges to beinvestigated, to start investigation is " compensation leniency " applicable chargesfrom specific cases; once again on the " compensation leniency " the instrumentsexpression patterns were investigated and found its expression pattern four kinds ofinstruments, namely" confession, reparation-leniency,"" guilty, compensation,understanding-lenient "," compensation-understanding leniency "" compensation,understanding, repentance-lenient "; Finally, the " compensation leniency " applyeffects were investigated, obtained the plot can affect specific types of criminalpenalties applicable, the impact of implementation of specific penalties, the impactof the case commuted the sentence to start affecting the conclusions.The fourth part," compensation lenient " sentencing applies to problem analysis.First, the " compensation for leniency," the existence of any applicable largeproblems, mainly in its practice and regulations applicable to inconsistent sentencingreasoning lack of instruments both; Secondly, the " compensation leniency "comprehensive relationship with general considerations, mainly in its correspondencewith the fuzzy nature of the crime, applied by the fairness of the compensationcapacity constraints insufficient certainty the amount of compensation is not strong,elegant attitude much compensation practices in four areas; again," compensationfor leniency " applicable independence is unknown, mainly in its by confession,repentance attitude, understanding of victims and other discretionary circumstancesconstraints; Finally, the compensation-related information visit inadequatesentencing, judges tend to wide indemnities for damages associated with, to reflectthe defendant Dangerousness and behavioral information is not to be harmful tosociety full attention, easily lead to sentencing imbalance.The fifth part," compensation lenient " sentencing recommendations to improve applicable. To solve the " compensation for leniency," the applicable issues, fromperfect " liberal compensation " system itself and build two aspects related systems.Suggestions on improving " leniency compensation " system itself, a clear "compensation leniency " for the statutory sentencing, clear ’ compensation leniency"Relations with consideration of other discretionary leniency exact plot of "compensation leniency " of influence；Advocates in building related systems, theestablishment of " compensation lenient " sentencing information survey system,build a " compensation lenient " sentencing reasoning mechanism applicable toprotect " compensation lenient " sentencing to perfect, rational application ofpenalties to achieve justice and criminal justice.