Research On The Judicial Application Of The Criminal Victim's Understanding System

"Victim's Understanding" has been listed as one of the applicable conditions of criminal reconciliation procedure in the criminal procedure law,and has been widely applied in criminal justice practice.However,China's criminal law has not clearly defined the "victim understanding" system,so that the application of "victim understanding" in substantive law and procedural law can not converge,resulting in many problems in the process of judicial application.For example,the scope of the applicable cases is confused,the applicable conditions are different,there is no uniform standard for the applicable types of cases and the seriousness of the applicable crimes;for example,because "victim understanding" is currently used as a discretionary circumstances of sentencing,resulting in the academic and judicial circles on the prosecuted can thus obtain a different view of the mildness.The viewpoints support that "understanding" should be regarded as a statutory circumstance with minor details,and that economic compensation should be combined with "understanding" so as to limit the application of the sentencing circumstance.Finally,the parties have the idea of paying more attention to "compensation" than "understanding",which leads to the confusion of "paying for punishment".All these problems may lead to the unfair phenomenon of different judgments in similar cases,which makes it difficult to confirm the attribution of "victim's understanding" in the criminal justice process.Besides the fact that the substantive law does not regard the victim's understanding as the statutory circumstances of sentencing and the procedural law does not grant the victim's understanding an independent legal status,the deeper reason lies in the absence of the parties,even the judicial personnel's understanding of the nature of the "understanding",which is often regarded as "understanding".A contract is not the only way to restore social relationships.Therefore,through the evaluation of extraterritorial judicial practice experience,the article obtains the Enlightenment of implementing restorative justice concept,links the "confession","surrender","confession" and sincere repentance of the prosecuted,so that the judicial judgment can find the basis for the lighter punishment of the prosecuted in substantive law,in order to let the "victim" be "the victim".Understanding returns to its essence,linking up the victim's understanding in substantive law and procedural law,and then putting forward the concrete applicable mode of victim's understanding in Chinese context.