Compensation From The Circumstances Of The Light Sentencing

In the judicial practice,the positive compensation is promoted and practiced as the discretionary sentencing plot.With the increasing influence of the positive compensation on the sentencing,the theoretical circles have also carried out extensive research and discussion on the positive compensation,and most scholars have made sure that the compensation Attitude and attempt to discuss the legitimacy of its existence from the perspective of restorative justice,the protection of victims' rights and interests,and the purpose of punishment.There are scholars on this contrary attitude,that compensation is light is the damage to justice.No matter how intense the debate,the indemnity of indiscriminate adoption of the whole process of application of justice is beyond doubt.This article based on the existing claims against the lighter,to analyze the basis of compensation from the light,and according to its application in the judicial problems arise to make some perfect suggestions.The full text is divided into four parts.The first part of the case,the compensation from the light sentence in the judicial application of the questioned,mainly around the basic principles of criminal law and the impact of judicial practice in the analysis of the dispute.The second part analyzes the necessity and feasibility of the compensation as a sentencing situation.Including a one-on-one response to the question,discusses the principle of compensation for compliance with the basic principles of criminal law.First of all,it analyzes the legitimacy of the compensation law,and then analyzes the necessity of discussing the necessity of supporting the compensation from the light of the theoretical basis.The third part is the compensation of the application of the status and the existence of the problem.Respectively,on domestic and foreign compensation for compensation from the light of the judicial application of the introduction and comparison.And then analyzes the problems existing in the application of compensation in China.The fourth part is on the compensation from the light in the judicial application of the proposed recommendations.First of all,a clear compensation will be lit from the legal sentencing circumstances,for its rectification.Second,the strict provisions of the scope of application of compensation.Again,for the scientific and rational application of compensation from the light,to reduce the compensation for different capacity may arise from the judicial injustice to provide a compensatory proposal.In short,in the application of justice in the application of compensation from the light,so that it can be in the rule of law and the general public recognition within the scope of effective operation,give full play to the advantages of compensation,to further promote the harmonious judiciary,maintaining social stability.