The Influence Of Victim Factor On Sentencing

The criminal victim number increased on the basis of the increasing crime rate in recent years in our country. The research of Victims in the academic circles of our country also presents a scene of prosperity. However, we will find that the most existing research focus on the consent of the victims from the perspective of a single perspective of the criminal law(commitment), the Victim's fault and the victim compensation and other specific issues, or by the angle of procedure to study right of appeal(the suggestion right to sentencing and the right of the statement of victim) and the other kinds of litigation rights of victims. Yet there is few research based on the whole view of criminal law and consider macroscopically to the status of the victim in sentencing. In the judicial practice, based on the psychological revenge, the victim is more sensitive to the defendant's sentencing results. This is because that most of the conviction of criminal cases is almost predictable, but the result of sentencing is related to the victim's vital interests. In this sense, it is the practice forte between the relationship of the victim and sentencing in view of the influence of the victim factor in sentencing discretion.This article will take the view of the sentencing as the breakthrough point,discuss the influence of the factors of the victim in criminal cases on the criminal liability of the criminal, and under the guidance of Lester's concept of "the whole criminal law", use the "criminal integration" Professor Chu Huaizhi constructed as the research framework, comprehensive consideration of the victim factors, let the interactive relationship between the criminal and the victim return to equilibrium, fair treat criminal and victims, makes the criminal penalty fair and reasonable, also conducive to the protection of the rights of the victims.Part one: in the introduction, this lecture wil introduce the theme by comparing to the huge number of victims in our country with the weak protection from the current laws, clarifing the two run parallel theme, both require to protect and pay attention to the victim, and ensure that the sentencing of the criminal justice is fair and reasonable.Part two: this lecture will start with the theory of “Upon the criminal law” and separately analyze the basic theory of sentencing, and Criminology. For the first reason, this lecture will clarify the relationship between sentencing and criminal justice system, and then discusses the necessity and limitation of the right of discretion in the victim and sentencing, and with the new standard to determine the sentencing benchmark and the relationship between sentencing and sentencing standardization, to lay the foundation for the theory of sentencing after solving the problem. For the second reason, this thesis is to re interpret the relationship between the criminal and the victim with the theory of joint liability of the victim, breaking the traditional concept of "zero-sum game " relationship between them, and the relationship between the two should be regarded as the "equilibrium" relationship in the interaction, reconsider and assign the responsibility of the criminal and the victim. For the third reason, this paper will try to complete the development of criminology theories on the victims to solve the problem of sentencing practice, analysis of its feasibility and defects, to explore the causes of criminology theory can not solve the problems on the relationship between the victim and in the practice of sentencing. For the fourth reason, combine the the victim in Criminology studies and the theory of criminal law, and then introduces a new methodology named the victim's Creed as the principle of sentencing interpretation and judgment.Party Three: the principle of the Victim's Creed sought to seek research from other disciplines “outside the criminal law”. The criminal procedure law, which is the most closely related to criminal law. But only in accordance with the provisions of penalty discretion method, and the result of sentencing is only in accordance with the provisions of the criminal law can not achieve the purpose of criminal lawand. Criminal procedure must be matched to make the criminal law be realized. This will depend on the aid of criminal law aid. This article will clarify the change through to our country criminal procedure law in the previous revision of the status of the victims, to find the defects of the victim's rights in the current criminal procedure law, and through comparising of the substantive law and procedural law in the cross the provisions of the victims, analyze the point not correspond between them, in order to improve the relevant provisions of the criminal procedure law to provide a new way of thinking.The fourth part: The Criminal Integration requie to the solution of the problem of sentencing, and return to the criminal law in the internal system, and under the premise of basic theoretical and procedure guarantee, to explore whether or not how to consider the factors of the victim. In the first, this lecture will be starting from the current legislative norms. No matter how to solve the problem of the victim factors affect the specific methods of sentencing, discussion should be based on the existing legislative norms as the starting point. In the second, to limit the victim factors as the premise. The victim factor is extremely complex, not all of the victim factors should be included in the sentencing, we must clarify and limit its scope. In the third, on the method of limit value judgment. In this way we will put forward specific and feasible sentencing methods.