The Victim Forgiveness Research

With the construction of the new Code of Criminal Procedure and the judicialinterpretation of the criminal settlement system concerning the relevant provisions ofthe victims for forgiveness, the role of the judicial application of the discretionarysentencing as victims for forgiveness has become increasingly prominent. Researchon the impact of criminal victims for forgiveness, not only helps to deepen the impactof the victim’s forgiveness for sentencing research, on the other hand by analyzing thesorry situation complaints or exempt from criminal penalties applicable to broaden thescope of the study of criminal law. For a minor offense, repentance good attitude, lowdangerousness or not to prosecute the perpetrator exempted from criminal punishment,their reintegration into society, to alleviate social contradictions of great significancefor the criminal reconciliation system implemented in practice will also play tosupport and promote the role well. At the same time, the victim forgiveness caneffectively solve the criminal incidental civil action for compensation difficultproblem. Based on the existing text of the victims for forgiveness criticism andquestioning, to analyze the impact of the victim to forgive the legitimacy of criminalresponsibility in accordance with, and on this basis, to seek forgiveness affect thevictim not to prosecute or exempted from criminal punishment and limits applicableto the case put forward some possible improvement suggestions, combined withrelevant supporting measures to ensure that victims of forgiveness as a reasonable andstrictly applyApart from the introduction and conclusion, is divided into four parts. The firstpart is a non-prosecution or exempted from criminal punishment according to thevictim’s forgiveness being questioned and criticized. Introduces the victim in thetheory and practice of forgiveness plight theoretical question focused on the impactand challenges brought by the basic principles of criminal law; practice widespread criticism lies in the controversial "money punishment".The second part is the necessity and feasibility analysis as not to sue or beexempted from criminal punishment according to the victim forgiveness. The firstpart of the question responses were analyzed the basic principles of criminal lawforgiveness and victim can reasonably docking; discusses the "money" punishmentitself is not the victim is bound to have consequences for forgiveness, but theirvariation in judicial practice, deformity applicable product. The necessity andfeasibility of the victims for forgiveness focused on improving victim lawsuit reflectsthe status of the litigation interests got more attention in practice to better resolveconflicts resolve disputes, judicial economy, conducive to building a harmonioussociety.The third part is the case with the applicable restrictions as not to sue or beexempted from criminal punishment according to the victim forgiveness. Combinedwith the appropriate judicial interpretation applied to analyze the situation, mainly inthe private prosecution of minors conditional non-prosecution case, the latest victimof theft in the judicial interpretation of the provisions of forgiveness, full16yearsyounger than18years of property theft and other relatives, other relatives, and askednot to pursue the special circumstances of rape, and on this basis, it is limited to theproposed invasion of personal legal interests of minor criminal cases, while excludingthe application of recidivism.The fourth part is a non-prosecution or exempted from criminal punishment inaccordance with the applicable perfect victim for forgiveness proposal. Mainlydiscusses the legislative basis for this statutory sentencing, applied strictly inaccordance with legal procedures, and take related ancillary relief system to protectthe rights of victims. Not only can effectively solve the confusion apply because"discretionary" caused by the judicial application while taking relevant measures todeal with the complicated judicial practice, a real and effective protection of victimsto forgive applicable, thus avoiding possible negative effect.In short, the forgiveness of the victims should be strictly applied to protect thelitigation rights and legitimate aspirations of the victim, punish perpetrators and to achieve further crime prevention, better ease conflict between the offender and thevictim, repair damaged social relations and further promote social harmony, toachieve a just and efficient administration of justice.