Theory Of Criminal Victims Sentencing Recommendations

With the victim in the criminal status of national criminal proceedings have received increasing attention, our criminal justice policy to the defendant by the center, stressed that the victim into balance with the rights of the accused and the victim began to emphasize the balance of interests and national interests. In recent years the practice of criminal justice "lose money commutation","of the money to buy life" approach, and the "Criminal Victims submission" in nature, effectiveness, and academia have repeatedly raised in the printing of a variety of disputes, can be described as benevolent see benevolence and the wise see Chi. This article is in this context made the right recommendations in Criminal Sentencing, Systematically from the five victims in criminal sentencing recommendations are discussed definition of the right nature and characteristics, barriers across, theoretical basis, system construction and outlook reveals the Victims of criminal sentencing recommendation is to strengthen the right of victims of the parties in criminal proceedings important way the status of litigation and protection.Victim’s sentencing recommendation is the essence of the right to own private rights of criminal victims (the penalty prescribed by law, the type and magnitude range) of free choice, is a criminal victim to the pursuit of personal interests. Victims in criminal cases, crimes can be harmful to the society and the private infringement of dual properties. Therefore, when the national interests and social interests of the state prosecution of crime as the primary protection of the interests of Marxism, the state prosecution has replaced the private prosecution, criminal acts to achieve social harm of the punishment, community representatives expressed a general feeling crime. However, the criminal acts of infringement of private persists Victims of crime in particular feeling has not disappeared. When our current penal system for the same offense in the same sentence if the circumstances are different kinds of regulations and certain when the sentencing range to a private prosecution for criminal victims provides a possible express their feelings on crime provides a special space. Therefore, no matter the victim’s sentencing recommendation of criminal heavier penalties or select one of the lighter penalty, as long as the corresponding penalties crime type and range, are the state and society can tolerate a range of state and society can make interests are protected, whether Provided the crime is not such a penalty. Based on this, the victim of criminal sentencing recommendations for the state prosecution the right to existence right to the separation of the right of private prosecution offers the possibility to achieve the national representative of the community in general feelings of crime victims of crime and criminal special feeling of separation.Crime victims right to the presence of sentencing recommendation, can effectively resolve the country, criminal defendants, criminal victims the value of the three long-standing goal of conflict, the results of the conflict of interest, rights protection and litigation efficiency conflicts, to promote a balance among the conflict provide a convenient channel. It conforms to the general world trend and the Code of Criminal Procedure of building a harmonious society, but also highlights the criminal law contract theory, the interests of balance theory, the right to supplement the state prosecution theory, theory of restorative and criminal settlement, conviction and sentencing of separation theory essence, the parties will not only help the victims in criminal proceedings and strengthening the status of building solid,And strengthen the nation, the defendant, the victim the best protection for the interests of three parties, to promote the tripartite balance of interests, thereby eliminating the victim and the defendant’s conduct criminal and psychological confrontation, and limit the discretion of the judge, prompting a criminal defendant take the initiative to repent a new leaf, the results of the full realization of justice and procedural penalty just win.Crime victims right to the Theory of the sentencing recommendations, with the following innovations:First, for the first time the prosecution case, the state prosecution and private prosecution the right of the right of separation, to express the victim of a criminal offense provides the possibility of a special feeling; the second is the first times proposed national interests, the interests of victims in criminal, criminal defendants theory of the balance of interests protected, for the three offers the possibility to maximize the interests; third is the first time to solve the current practice of criminal justice,"Life with price,""the gap between rich and poor sentencing inequality "problem, Help unify the formation of efficient and authoritative judicial system; Fourth, to further improve the system design of our system of punishment, the penalty for the first time the results of a win-win justice and procedural justice; Fifth, the current criminal settlement system, creating a harmonious society provides legal support.However, an important status as a party right of action, criminal sentencing recommendations victims the right to exist because of the different criminal victims of their own conditions, leading to the choice of different interests, and there are different sentencing options; and judge the case because of different understanding of different, resulting in the victim sentencing recommendations admissible result is different, and cause the ultimate penalty for the deviation; Finally, the state criminal defendant forced to pay a certain percentage of repentance payments, the property of victims of criminal and other ill-calculated base of poor Department. To this end, we should further seek to improve the Victim sentencing recommendation right way To ensure that national, three victims and the accused of criminal conflict of balance in order to really achieve the purpose of protection of criminal victims.