The Legal Analysis And System Design Of The"Compensation Of Light" Phenomenon

"Lose money Commutation",the use of this word is caused by a criminal judgment in2005in Dongguan City, Guangdong Province. In2005, Mr Wang and others of the accused person were robbed and induced the death of Mr Chai, and made the family of Mr Cai lost the main economic sources, life in extreme difficulties, While the prosecution to prosecute, the family of Cai also filed civil suits collateral to criminal proceedings, after the knowledge of the situation the court aware several mediation, Wang and others recognize the dangers of their actions and compensation50,000yuan to the families of the victims in advance by the families of Wang and others, Finally court made a certain degree of light punishment to Wang and others, sentenced to death with reprieve. Then around the country judiciary in judicial practice, a series of the exploration and application of "Lose money Commutation "were carried. Analysis the concept and connotation of "Lose money Commutation", put forward the concept of" the compensation of light".Demonstrate the legitimacy and rationality of" the compensation of lighf".And based on our country’s judicial practice, legal analysis and system construction of" the compensation of light". The structure and content of this paper is divided into the following four parts:The first part. Summary. In this part through the combing of the concept and connotation of ’Lose money Commutation", put forward the concept of " the compensation of light", and defined. Description the subject and object of "compensation" In this paper." Lighter" is based on the discretionary circumstances of the provisions of the law criminals leniently on the offender a lighter punishment.,Rather than the "commutation" in the process of the execution of punishment.The second part. The legal analysis of" compensation of light". In this part, firstly, found the legal basis of " compensation of light" in the judicial practice from the criminal law, criminal procedure law and the relevant legal provisions in the judicial interpretation. Secondly, argument the relationship of " compensation of light" and the basic principles of the criminal law," compensation of light" is not only not contrary to the principle of legality, the principle of equality before the law and equal principle,on the contrary, it is the judicial practice of the basic principles of the criminal law; Finally, identificate the responsibility of " compensation" from the relationship of compensation and punishment.The third part, The rationality analysis of "compensation of light". Demonstrate the rationality analysis of "compensation of light" from economic analysis of "compensation of light","compensation of light" conform to the trend of internationalization of criminal law, values of" compensation of light","compensation of light" embodied in the contract desirable etc.The fourth part, The system design of Compensation of light ". In this part, on the basis of the previous argument the concept, the legitimacy and rationality of " compensation of light", in combination with summary of our country’s judicial practice, put forward the system design of" Compensation of light ", from the legislative and judicial.