The Influence Of The Victim Forgiveness For Sentencing

Sentencing is the eternal theme of criminal justice, and the discretion of the judge in the process of conviction is crucial. In reality there are a lot of criminal case victim,the victim behavior affects the different level of crimes, the criterions for the conviction of the judicial organs such as the specific criminal crime occurred before the victim promise can act as a deterrent one of illegal reason, affect the qualitative behavior, said of the perpetrator crime occurs after the victim forgiveness may also lead to the judicial organs of the offender's punishment; On the other hand,the victim is agitated and strongly demands that he be given a heavier punishment, and the case that he refuses to accept compensation for the crime is also happening in the real world. The victim's behavior to form matter litigation activities in deepening, the influence of this also prompted us to the victim's behavior more in-depth and systematic study, to adapt to the continuous development of society. This article selects the victim forgiveness for sentencing the impact of the issue, from the interpretation of the concept of the victim forgiveness to the domestic and foreign about the comparison of the theory of the victim forgiveness, and finally to the victim forgiveness into the construction of concrete system of criminal law of our country, the basic structure from macroscopic to microcosmic, from abstract to concrete, in order to contribution to the development of our country criminal law the meager strength.There are four major parts in addition to the introduction and the concluding remarks.The first part of this paper discusses the concept, characteristics and the evolution of the victim, and the concept, characteristics and classification of the victim's forgiveness.The author thinks that the victim is limited to its own interests by direct damage,and a natural person or legal person crime has a direct causal relationship, with the objectivity of rights infringement and damaged the legitimacy of the law, the right infringement directly. Therefore, this paper discusses the victim forgiveness is refers to the unilateral forgiveness, namely the offender of the crime, discovered by judicial organs and investigated before a people's court has not yet make effect to the offender, the victim said based on some reason to give up the offender shall be investigated for judicial organs or request from the behavior of the punish the offenders.The second part of this paper mainly discusses the problem analysis of the effect of the victim's forgiveness. Sentencing is based on the social harmfulness of crime and criminal act of personal danger, communicate actively with the victim after the offender in the crime negotiation behavior suggests that the personal risk is lower than the general criminals, and proved its crime from the side of social risk is low, so after receive the victim forgiveness punishment for crimes from its legitimacy, also meet the requirements of the principle of sentencing. The victim forgiveness is the effectiveness of the sentence meaning according to restorative justice, the austerity of criminal law theory, program the subjective, the above theory fully illustrates the victim forgiveness affects the theoretical basis of measurement of penalty.The third part of this article describes the typical experience and practice of the continental law system and Anglo-American law on the impact of the victim. On the western and Chinese origin, combined with psychology will forgive for emotion,behavior and cognition, defines the concept of France and Britain, the United States is analyzed the victim impact on sentencing and agreed to the victim, settle, criminal reconciliation of the similarities and differences. In continental law system and Anglo-American law system, while countries about the impact of the victim forgiveness of sentencing rules are different,but related provisions in the main countries there is a common characteristic, is in the process of the proceedings fully respect the opinions of the victim, the victim participate in sentencing process problems widely used, the victim is the important basis to make a sentence. This provides a good reference for our country's legislation and the judicial system of forgiveness.The fourth part is this article in some thinking and Suggestions on the basis of the above, in the introduction to the victim forgiveness in some of the legislative status quo of our country and abroad after practice, the author suggested on the basis of changing the concept of the victim rights protection, to strengthen the protection of the victim rights through perfecting legislation,including the improvement of the substantive rights and procedural rights. On the basis of this, the effect of the victim's forgiveness on sentencing was further refined.