A Study On The Impact Of The Understanding Of The Victim On The Application Of Penalty

In the past criminal justice practice, we tend to focus on the punishment and blow to the defendant, while ignoring the victims’suffering from psychological trauma and mental pain. Some sentences seem to be impartial and effective firstly. Trial after trial, the victims still refuse to accept those sentences. Angrily they will be directed at the court. Therefore, to end a case does not only refer to end a solid case, but also refer to treat the mind and spirit wound of the victims. In the current judicial practice, although the views of the victims can’t control the judge’s conviction, they often have a certain impact on the sentencing. The impact of the victims’understanding on punishment and sentencing has become an important direction of the development of the world’s penal theory and practice.However, at present among our country’s criminal law, provisions about the victim’s forgiveness don’t work well. The provisions are not clear and often perform as judicial interpretation and policy views. With no relevant legislative provisions, it’s difficult to determine a reasonable and uniform applicable scope and standard, bringing a lot of difficulties to the judicial activity. For example, judges from different regions can make vary sentences based on a same understanding practice. This paper means to make the impact of the victim understanding on sentencing more standardized, the author in order to more standardized in the judicial practice,through the empirical research, finding 100 victim of personal injury cases in recently occurred nationwide in different types of cases was analyzed.Combined with the specific case and analysis of its causes and characteristics, find out that at present,in our country the victim of personal injury case’s features and reasons.To find out the current the victims of the sentencing of the legislative and judicial status to reflect on the judicial situation.Then,to find out the shortcomings of them and put forward the legal suggestions to solve these problems, and to put forward the own legal suggestions for these questions,to look forward to provide the correct reference and solve all kinds of problems about criminal understanding in practice, so that the murder criminal plot of the criminal victim case is more clear and standardized.