An Empirical Study On The Scope Of The Application Of The Victim's Forgiveness

Although victim forgiveness is not clearly stipulated in China's criminal law,it can be widely used in the judicial practice as a special kind of discretion of punishment plot,and it is also a kind of right affecting the behavior of the criminals.In criminal cases,reaching a forgiveness means implementing a criminal law intended to general prevention and special prevention purposes,so,in terms of criminal responsibility,compared with the similar case with no existing plot,these cases are reduced or exempted.However,there is no clear stipulation of victim forgiveness in Chinese criminal law,it is only involved in special procedure of public prosecution of criminal procedure law,and in other places it is in the form of judicial interpretation.Therefore,in our country,the applicable scope and the criminal judicial practice of the victim forgiveness in the law and judicial interpretation in concrete applicable conditions are remarkably different,the difference between reality and what it ought to be.This article mainly uses the method of empirical research.Through investigation and statistical sampling selection of China's judicial documents online in a particular way,and empirically investigated criminal cases involving victim forgiveness,the paper,with the related legal theory,compares and analyzes the criminal law and judicial interpretation.It has found problems from the forgiveness of applicable scope of cases of victim and puts forward reasonable improvement measures for the victim case scope for forgiveness.The article is divided into several parts according to the research process.The third part concentrates on comparing the differences in the first two parts.These differences reflects some problems existing in the process of victim forgiveness in the criminal judicial practice in our country.These problems reflects that there is difference between theory and practice,and on the situation of the theory of natural state,it conducts targeted evaluation of the results on the natural state in the second part.The data in the second part also provides evidence support for the theory in the first part.The fourth part is mainly about reasonable definition of the victim forgiveness scope,which solve the victim forgiveness scope of theory with practice,ought to be,and the differences and problems of the reality.Through the analysis of typical cases,it is more specific and clear that some types of criminal cases are applied to the unreasonableness of the victim forgiveness,so as to put forward reasonable judicial application scope.Finally,the main contents above are restated and the conclusion of this paper is extracted to solve the problem of reasonable application of the victim forgiveness and to collect the whole article.The criminal infringing on personal interests could be applied to the victim forgiveness,and violation of social benefit should not be applicable.Even applied in specific cases,it should also be applicable to the strict restrictions.