Victim Impact Statement And Its Reference In China

While Victim Impact Statement system originally formed in Common Law countries, it has been successively adopted by certain traditional Civil Law countries because of its positive values. Today, adopting this system is gradually becoming a trend in whole world around. Now victim-offender-reconciliation system and victim participation in sentence both recorded into China's new Criminal Procedure Law and its relevant judicial interpretations, which means China begins focusing to strengthen victim participate in sentence procedure. Based on this background, understanding and mastering Victim Impact Statement system will provide an unique view to review and improve relevant system in China, which has a certain practical significance.This dissertation is divided into five parts.The first part summarizes the Victim Impact Statement System. First of all, through a representative case, it introduces the features of the Victim Impact Statement System in perceptual level. Then, it distinguishes the Victim Impact Statement System from other relevant concepts, grasping the connotation of the system in a rational level. Finally, in order to create a comprehensive and profound cognition, this part would take a further step to explain the theoretic and practical experience which are supporting the development of the Victim Impact Statement System.The second part is the basic content of the Victim Impact Statement System in the Common Law system. This part would interpret the connotation of the system from different aspects, including its principal part, layout, content and applicable stages. Meanwhile, in order to reveal the system in multi-angle and multi-level, it would combine the latest judicial cases and theoretical achievements.The third part is the function, dispute and restriction of the Victim Impact Statement system. In the part of function, it would explain the positive effects of the system. As for the dispute, in order to disclose its shortage and review the system in an objective way, it would refute those arguments which are trying to challenge the Victim Impact Statement System. As regards the restriction, this part mainly introduces some limiting rules for the system in U.S.A.The fourth part is concerning the new type of the Victim Impact Statement System--Reverse Victim Impact Statement. The emerge of the new system not only indicate that the victim and the defendant are not always in an intense state of confrontation, but also in part verify that the Victim Impact Statement system has the potency to influence sentencing.The fifth part is about VIS's enlightenment to China. First of all, through arranging relevant laws and regulations in China and presenting some typical judicial cases, it describes the overall status quo of victim participation in legislation and judiciary. Besides, based on the macroscopic cognition of relevant institutions in China, pointing out the deficiency of the relevant system in China. In the end, combining the advanced ideas and experiences of extraterritorial law, it comes up with some suggestions for the relevant system in China.