Study On The Victim Factors In Adjudication Of Punishment

Victims factors is what caused by victims and have affect on the convicting and sentencing of the defendants,including victim's fault, victim'scommitment,victim's forgiveness and victim's status.There is adequate theoretical foundation and legal basis to identify victims factors in the penal system.It is the requirement of Ideal of Restorative Justice to respect the human rights of victims.To consider victims factors will be beneficial for judicial justice.Also,the country may realize the purpose of penalty,and repair the social relationship.It is of great significance to the establishment ofharmonious society.However,the victims factors system still has some defects.So combined with the current situation of the victim factors in our country,sorting out the types of victim factors and confirming the identification standard is very important.Different types of victims factors will have a different impact on the sentencing.For example,the victim's fault must be considered in the sense of criminal law.It has different influence on the sentencing when victim's behavior meeting the different degree of component of victim's commitment.The victim's forgiveness and victim status must have objective criteria.Therefore,thejudicial worker should establish the Ideal of Restorative Justice,and pay more attention to the victims factors.Meanwhile,the author focuses on improving the mechanism of sentencing and put forward specific ideas on the development of detailed rules for victims factors type,standard and sentencing debate mechanism.