The Study On The Impact Of Civil Compensation On Sentencing In China

It is a unique litigation system in China to solve the civil compensation problem caused by criminal acts by means of criminal incidental civil action.In the process of criminal proceedings,when the people’s court determines the criminal responsibility of the defendant according to law,it also deals with the civil damage caused by the defendant’s criminal act.Compensation issues,compensation for victims’ losses,and the criminal responsibility and civil liability of the defendant are resolved in the same procedure.The original intention of the criminal incidental civil action system was to combat crime while incidentally solving civil compensation problems,safeguarding the legitimate rights and interests of victims,saving judicial resources,and improving litigation efficiency.In the current rapid development of social economy,the criminal incidental civil litigation system has some problems in the process of operation.Due to the influence of individual cases,the relationship between the amount of civil compensation and the severity of sentencing has become a problem for people to discuss,and it will also cause people to be fair to justice.The question of fairness,the words "spending money to buy a sentence","losing money and reducing the sentence" and "sentencing with money" appear in the eyes of the public.At the same time,the incidental civil compensation has many problems in the judicial practice,such as the narrow scope of compensation and the difficulty of enforcement of civil compensation.So whether this system is a waste,whether it is perfect or fundamentally redesigned is a question worth considering.This paper adopts the combination of empirical analysis,theoretical analysis and case analysis,draws on foreign experience,combines the reality of our country,summarizes the rationality of the impact of civil compensation in China,and proposes the way to bring out the civil compensation.The full text is divided into three parts,the main contents of each part are:The first part explains the basic issues of civil compensation and sentencing.Through the case to reflect on the problems existing in the judicial practice of civil compensation in China,we adopt the quantitative analysis method of 1000 judgment documents randomly selected from the Chinese judgment documents,and obtain the current situation of judicial compensation in the judicial operation and the existing judicial dilemma.Learn the theoretical definition of civil civil compensation and criminal reconciliation in China,as well as the relevant provisions on civil compensation within and outside the domain,compare criminal reconciliation and civil compensation,and reflect on the problems of civil compensation in China.The second part mainly analyzes the legitimacy of civil compensation affecting sentencing.This paper introduces the value of civil compensation in China and draws its positive significance on the impact of sentencing.The effect of civil compensation on sentencing is in line with the current judicial situation of many people in China,and effectively saves judicial resources.Civil compensation affects sentencing in accordance with the principle of equality of criminal law and the principle of disciplinary punishment,which is in line with the trend of gentle punishment.At the same time,it is conducive to the defendant to seriously repent,actively compensate,and make up for the loss of the victim in time.The third part is the improvement of China’s civil compensation system.Based on the empirical analysis and logical thinking of the civil compensation system in the first two chapters,this chapter concludes that China’s civil compensation system needs to be compensated,victim’s state compensation system,perfection and criminal reconciliation,and the implementation of criminal incidental civil compensation.China’s civil compensation affects sentencing in accordance with the current judicial situation in China,and it has its value and legitimacy.Although it has difficulties in judicial practice,in the process of China’s rule of law reform,what needs to be done is to solve these problems and constantly improve China’s civil compensation system.Therefore,the author suggests to improve the system from the aspects of expanding the scope of compensation.