The Victim Understanding System Of Legal Research

Established in the criminal procedure law of party reconciliation,clear criminal reconciliation theory on restorative justice concepts in China,such as legislation,also said criminal victim's status as a subject is more established.However,the criminal procedure law and criminal science and in-depth study of the situation of different,studies of victims in criminal law is often ignored,marginalized,in a State of legal vacuum.In criminal integration academic research background Xia,criminal in the on criminal victims understanding plot research of missing,makes party reconciliation program in the effect accused conviction sentencing of provides cannot clear found corresponding of according to,criminal in the researc h of insufficient caused other criminal subject in judicial practice in the applies in the appeared many problem,victims understanding in China current of judicial applies in the is to discretionary sentencing plot of role appeared of,this plot exists of shortcomings is more fuzzy,not specification,judicial organ applies more free,Which seriously affected this important sentencing applied in judicial practice,the in-depth study of this plot has been very tight.In the law circle,few scholars have studied the victim's understanding system,with earlier research at the international level,and our research has just begun.At present,the understanding system for criminal victims in China is only distributed in the relevant law does not explicitly stated in the article,normative force is limited.Until now,the Western countries understood the idea of restorative justice and victim gradually deepens,study on law system of understanding for victims in China before gradually being valued,enter scholars of sight.The basic idea of this article is based on the previous,defining the victims understand the meaning of analysis understanding linkages with other related concepts and differences between the victims,asked a crime victims understand the plot is a plot,and sentencing.Applied to understanding of victim-related legislation and judicial situation assessment,in-depth analysis of the existing problems and deficiencies,reveals the root cause lies in the understanding of victims lacks statutory.Victims understanding plot in judicial practice in the of right applies of fundamental way is will its statutory of,paper in the in on legislation and judicial status comments on people based Shang mention on the system statutory of of due according to,last analysis how achieved statutory of,from victims understanding statutory of of local features principles;absorption extraterritorial experience principles;added existing sentencing plot insufficient three a principles starting,from legislation angle on the system for design,like,will victims understanding system in criminal General in the provides for statutory sentencing plot;Criminal law is applicable to a crime of specific requirements while misdemeanor cases,felony cases,death penalty cases on victims understanding judicial interpretation as a type of comb.Based on current conditions and future development of China,for the development of the science of criminal to build bridges,make constructive countermeasures and suggestions.