The Criminal Law Evaluation Of The Recovery Behavior After The Crime

It is of great value for the determination of criminal responsibility that the criminal recovers the legal interests of the victims after committing the crime.Jeremy bentham,the English utilitarian jurist,once said,"if,in order to remove the emotion of fear,compensation should go hand in hand with crime,as with punishment.If only punishment is applied to crimes without compensation,then,although many crimes are punished,there is much evidence that punishment has little effect,and it is bound to impose a tremendous and surprising burden on society." It is generally believed that the criminal's behavior of actively recovering the damaged legal interests and making compensation to the victim after committing the crime should belong to the behavior of recovering after the crime in nature.Post-crime recovery behavior refers to the behavior of a person who,after committing a crime against the society,voluntarily repents of his crime and takes the initiative to take effective measures within a certain period of time so as to completely repair the legal interest caused by the damage caused by the crime.The behavior of resuming after committing the crime directly reflects the penitent attitude of the criminal,and reflects the decrease of the personal danger of the criminal,thus affecting the judge's conviction and sentencing and the actor's criminal responsibility.However,in the current theory of China's criminal law,there is little research on post-crime recovery behavior,and it has not been fully valued and recognized in the criminal legislation and judicial practice,which will inevitably lead to the unfair sentencing of criminals.So,in theory,the concept of recovery behavior after the crime,the condition and the nature should be clearly defined,build corresponding system in the criminal legislation,it is necessary to implement the conductors sin recovery behavior into the scope of the evaluation of the criminal law,its status in China's criminal law,is the inevitable choice of criminal law to scientification and humanization,complied with the trend of modern criminal law the mitigation,for a fair trial by the judicial organs,impartial conviction sentencing provide strong theoretical support.Of sin recovery behavior research with a strong theoretical and practical needs,the six most respectively in this paper,through the theoretical definition of sin recovery action,the crime of criminal law evaluation and recovery behavior delimitation and recovery behavior after the legal basis and way to study the problems,such as,in order to explore the sin after restoring behavior in criminal law in the sense of nature,trying to build the system of crime after the theoretical system of behavior,make it to the judicial practice that sin sin recovery actions and apply after restoring behavior has certain guiding significance.The first part of the paper is the introduction,literature review and the significance of the research on the background of the writing of the article,as well as the domestic and foreign experts and scholars in the criminal law theory of the post-crime recovery behavior of the status quo,and the significance of the post-crime recovery behavior of the research.Article in the second part is the definition of sin recovery action theory,based on the investigation to the crime after behavior,deductive recovery behavior after summing up the crime of criminal law significance,characteristics,and set up the concept of conditions,and factors affecting the recovery behavior of sin,the type of main application benefit,the offender for the damage to the recovery degree of interests and previous criminal behavior person,these factors affect the sin after recovery behavior,as well as the perpetrators of criminal responsibility.The third part of the article mainly evaluates the behavior of recovering after crime in the criminal law and studies its nature in the criminal law.Through the analysis of various viewpoints on the nature of post-crime rehabilitation behavior in the theory of criminal law,it is clear that post-crime rehabilitation behavior should belong to an independent type and have its unique nature,that is,it belongs to a cause of liability reduction.The fourth part of the article is the demonstration of the theoretical basis of the influence of post-crime recovery behavior on criminal responsibility.It concludes that post-crime recovery behavior in the sense of criminal law is a cause to reduce criminal responsibility,so the post-crime recovery actor can be lightly punished or decriminalized in the criminal law.The fifth part of the article first analyzes the existing problems of post-crime rehabilitation behavior,and finds that the applicable standards in criminal legislation are not unified,and there exists the problem of imbalanced penalty discretion in judicial practice.Second,will restore to legalize behavior has certain feasibility and analyzed ethically "" promulgated by the tang dynasty in the " first " system,and all foreign legislation has many similar recovery behavior rules for sin,for sin to legalize recovery behavior provide certain experience and reference,at the same time,the crime of recovery to legalize behavior also has certain social acceptance,is in the public justice of the plain,the delimitation for sin recovery behavior provides a good social foundation,therefore,advocate certain sin recovery system in the legislation.The sixth part is the demonstration of the legalization basis and the exploration of the way out.Crimes against humanity,the value of the criminal law theory,equilibrium theory and theory of criminal policy for sin to legalize recovery behavior provides the theoretical support,will be resumed after the crime behavior to legalize be conducive to the protection of the social relations of repair,can indirectly the victim,is advantageous to the criminal law applicable in the unity of social effect and legal effect,and can also save the cost.In this part,the author also makes a tentative description of the provisions of post-crime recovery behavior in the provisions of the criminal law,which can be stipulated in the general provisions,specific provisions and judicial interpretation of the criminal law to different degrees,so that the post-crime recovery behavior has a clear legal basis and a clear position in the legislation.