Study On The Influence Of Victim Forgiveness On Sentencing

As the person directly harmed by the crime,the victim has experienced the historical change from the "golden age"(the ruler of penalty)to the "decline period"(the person without penalty)to the "resurrection period"(the person affected by penalty)in the sentencing of the defendant.The victim is closely related to the outcome of the trial of criminal cases,the victim not only hopes that the court can judge the defendant fairly,but also hopes that he can have a place in the sentencing process,thus he can influence the judge's sentencing.However,China's criminal justice reform often intentionally or unintentionally ignored the victim's attention,making the victim gradually become the criminal justice in the "abandoned" people.How to change the current situation and make victim forgiveness exerts its due influence on the sentencing,it has become one of the difficulties in the field of criminal theory and practice to discuss the victim's problem.Victim forgiveness is a right of the victim,according to the principle of punishment,victim forgiveness or not will affect the judge on the defendant's sentencing.However,under the dual structure model of the traditional criminal legal relationship "state-defendant",the victim has limited space to participate in and influence the sentencing.In order to explore the practical impact of victim forgiveness on sentencing in judicial practice,through the research of 400 cases of intentional injury judged by intermediate people's courts,it is found that in practice the victim's forgiveness of the defendant has been used as a way for the victim to participate in sentencing.However,there are also some problems in the judicial application of victim forgiveness,for example,the victim's forgiveness goes back on its word,and victim forgiveness is still not uniform in terms of the leniency of the sentence,while victim forgiveness is more related to the monetary compensation.In a criminal trial,in order to better promote the participation of the victim in the sentencing,so that victim forgiveness fully affects the sentencing in the trial,It is necessary to explicitly prohibit the victim from going back on his forgiveness,unify the scope of the impact of victim forgiveness on the sentencing,and establish and improve the relevant victim assistance system.