An Empirical Study On The Impact Of The Victim's Forgiveness On Sentencing

In October 2019,the fourth plenary session of the 19 th national congress of the communist party of China(CPC)highlighted the modernization of the judicial system and judicial capacity as an important part of the modernization of national governance system and governance capacity,is an effective way to accelerate the construction of a fair,efficient and authoritative socialist judicial system,and an inevitable requirement to provide strong judicial services and guarantee for the economic and social development.Accelerating the modernization of the judicial system and capacity can help the socialist judicial system with Chinese characteristics become more mature,improve the system of ensuring social equity and justice under the rule of law,and enhance the effectiveness of the rule of law in promoting the modernization of the governance system and capacity.In order to implement the spirit of the plenum and achieve major results in deepening the reform of the judicial system,the people's courts should be set up in a more standardized way,trial organizations should be improved,trial mechanisms should be fully functioning in a more scientific way,and the exercise of their functions and powers should be more guaranteed.However,in the current judicial practice,the trial activities are mainly conducted around the defendant,the victim's factors are often ignored,and it is difficult for the victim to get due attention in the trial process.Throughout all kinds of criminal law theories,the study of the victim is lack of system,it is difficult to unify.For a long time the victim's neglect also causes this factor in the criminal law research and the judicial practice standard is difficult to unify.In the judicial practice of our country,the victim's understanding,as an important part of the criminal reconciliation,appears frequently in the trial process.The study of the victim's understanding can make up for the shortage of the victim's attitude,which is a post-crime factor,in the crime theory and penalty theory,and further standardize the judicial practice in China.In addition to the introduction and conclusion,this paper is divided into five parts.The first part is the introduction,which mainly describes the research background and significance,research methods,and analyze the domestic and foreign research results,discusses the advantages and disadvantages in this paper.The second part expounds the concept of the victim,the concept of the victim's understanding and the application of the victim's understanding in various cases,and demonstrates the important role of the victim's understanding system in China's judicial practice.The third part is an empirical analysis of the victim's understanding system.By collecting relevant samples and analyzing the data,the author can more intuitively see the current situation and problems in the application of the victim's understanding system in China.The fourth part analyzes the problems existing in the victim understanding system in China,and explores the difficulties faced by the victim understanding system in the judicial practice of China.The fifth part,aiming at the problems mentioned above,analyzes the countermeasures,improves the victim understanding system in China,and puts forward the relevant legal conception from the perspective of legislation and justice.