| Accept pattern effect of tradition "of country criminal suspect " "dualism" judiciary , is that benefit maximizes but puts particular emphasis on in the valuation to criminal behavior , the private interests having ignored the victim right is effective run after the country recover. Though the victim studies starting is later in recent years, because of convict of our country although criminal victim of our country theory having had certain development, criminal science of law gives much problem to due theory attention , produces in practice to criminal victim.But the angle from the criminal studies corporal punishment theory currently in effect isolatedly committing a crime , people's host objective fact is a basis single-faceted in order to committing a crime , analyse if whose behavior compose committing a crime and owe a place the multiple penalty, responsibility , this criminal upper unfair phenomenon having ignored due role of the victim and should bear it ought to change. Currently in effect person composes in reply the people's behavior corporal punishment theory system middle for the centre in order to committing a crime committing a crime, location being unable to find the victim. Therefore, the main body of a book attempt the ken expanding corporal punishment theory research, the factor analyses , makes classification and choice to common corporal punishment middle victim suitable for use, the factor brings forward legislation tentative plan to the victim who can get rid of crime , is lenient.The main body of a book Part I , the victim factor hit the target in corporal punishment should have position. This part has analysed corporal punishment middle victim position hiatus current situation first , has pointed out a variety of deficiency, and exploration bringing about from this in practice leading to this current situation origin "binary structure pattern " theory lagging nature. The main body of a book is advocated "restoring nature judiciary pattern " middle victim position by using the modern up-to-date judiciary pattern for reference , is thinks that the victim factor should establish necessary position in corporal punishment.The main body of a book Part II , the victim factor analysis and suitable for use. This part has established the standard choosing in the three terms that a lot of the victim factor middle , the main body of a book show to the victim position when the factor makes one's option first: Effect enters crime and penalty degree of seriousness , the victim has if active behavior movement , can affect concretely committing a crime process whether or not. From this, but apply to common victim of middle factor to corporal punishment: Fault , the victim forgive , the victim obtains the victim promise , the victim repay, the victim aspect's punish a request severely after the event making concrete analysis. The judiciary according to analysing , being hit by to corporal punishment the victim factor is applied to give three terms classification: Be lenient except crime possibility, possibly, from serious possibilityThe main body of a book Part III , the victim factor legislation thinking. This part has brought forward the main body of a book to the victim factor legislation thinking , the victim factor has entered law having active significance, now that having established the victim position in criminal legal system, the suitable for use , beneficial to standard protection to citizen lawful rights and interests in convenient judiciary. Therefore, the author has assumed that the factor decides circumstance according to self's judgment statutory delimitation with the victim , has joined the criminal legislation work to the victim factor discuss that. |
