The Application Study On "Compensation Lenient" Sentencing Circumstances

Compensation lenient refers to that criminals repent sincerely for the criminal acts they have done by compensating victims,criminals' personal danger reduce so as to reducing their criminal responsibilityies.Compensation lenient is a direct present of Restorative Justice,it plays an important part in recovering social relations and educating criminals.But in the juridical practices,there has been a mistake on comprehending and using the compensation in most criminal cases.It is the guilty heart of the criminals but the compensation itself that effects the criminal responsibility.It has been always regards that where there is an act of reparation,there is a sentencing circumstance,however,it deviates from the original intention of establishing the compensation system.Therefore,the article will reveal the connotation of compensation by exploring the theoretical foundation of compensation lenient,as well as to find the application of compensation lenient in the juridical practices.The article is divided into four parts.The first part will introduce the theoretical foundation of compensation lenient.It will recite why the theory of compensation lenient is reasonable,for compensation can preserve the interests of criminals,victims and public authorities,as well as recovering the broken social relations.Secondly,it will be mentioned that why compensation lenient is lawful,for it keeps to the principle that responsibility should suit for criminal,observes the criminal policy that combining punishment with leniency,which conforms to the purpose of criminal punishment.Lastly,the rules of compensation in the exsiting law will be expounded.On the second part,the author will refer to the affirmation of compensation.It will be firstly mentioned that compensation should be made up by four elements,such as made by criminals' own thoughts,the objects are victims,enough to offset the loss of victims and should be a specific performance.Then it will be analyzed how compensation effected by victim's understanding,overage recompense and the speed of compensation,and then we should think about the relation of reconciliation and compensation.The third part which divided into entities and procedures will be used to analyze the application of compensation lenient.On the level of substantial law,the author confirms that compensation applies to the cases where personal rights are violated.On the level of procedural law,the author will talk about how compensation effects before litigation,during the stage of review and prosecution,during the trial stages and in the execution phases.The last part will bring up a viewpoint that how to perfect the system of compensation lenient.It bases on the analysis above and the exsisting criminal justice practices,throws out suggestions from four sides,which are legal perfection,discretionary power,judging standards and personality investigation.