On The Penalty Lightening Of Recoverable Crime With Legal Interest

For a long time,the concept of retributivism has affected the basic mode of people's dealing with crimes--seeking relief of public power?In the long judicial process,the victim is difficult to experience the dispute of the program,and even the social relationship between the victim and the perpetrator is permanently damaged.Legal interest can restore of crime and reduced the punishment can solve the above problems.It can recover the legal interests violated by the crime through the actor's active and sincere repentance to the victim after the accomplishment of the crime,the return of the proceeds and compensation,and the compensation for the loss.To encourage criminals to reform and build a golden bridge to return to society;Accordingly,the crime and responsibility of the offender can be reduced to penalty lightening or even to eliminate the crime,conforming to the principle that punishment should be compatible with culpability?At this point,the penalty is necessary or reduce worth thinking aboutThis paper mainly uses the method of literature investigation to collect the information associated with this article,first then combed in this paper,by using the method of descriptive research the issues involved and the phenomenon of law in our country.This paper is divided into four parts:The first part puts forward the concept of recoverable crime with legal interest and introduces the theoretical entry point of penalty lightening.At the point of view of this phenomenon,"definition theory" provided support,according to the established "dangerous crimes discontinue" claims legal interest can restore of crime and reduced the punishment,but this conflict with the concept of traditional criminal law theory itself.By pointing out the defects of the theory of" definition theory ",this paper advocates lightening the crime by the reason of "restoration of legal interest".The second part introduces the system of "first dew" in ancient China and the relevant provisions in the present law.In ancient China,"first dew",as a special provision of voluntary surrender,was integrated with the concept of lightening the recovery of legal interests,and the object of its instruction was mainly the victim,which was consistent with the requirement of recoverable crime with legal interest.In the current law of our country,there is also the phenomenon of penalty lightening of recoverable crime with legal interest,and the provisions of this aspect are constantly refined.By comparing the differences between ancient and modern times,this paper provides some ideas for the construction of the present system,which is presented in the fourth part of this paper?The third part summarizes the constitutive elements of the light punishment of the restorable crime of legal interest.On the time requirement for the recovery of legal interest,Chinese scholars have many standpoints on this issue.This paper by teasing this and according to the phased features of criminal proceedings,thinks that the time for the restoration of legal interest should be before the initiation of public prosecution.In addition,as a new concept,legal interest restorative crime,if the crime is lighthearted without distinction,it will not only make the victims lose trust in the judiciary,but also undermine the relatively stable judicial order.Therefore,this paper puts forward the limitation elements of restorative crime of legal interest,which are not applicable to recidivism and light circumstances,pointing out the specific connotation of the circumstances in the criminal lawThe fourth part discusses the necessity of legal interest restorable crime from the discretion to the law through the case,and on the basis of referring to the provisions of the German criminal law on the level of sentencing.Through the comparison with voluntary surrender,the author proposes to construct an independent system of law interest restorable crime in our criminal law.