Research On The Normation And Judicial Application Of Victim’s Understanding And Sentencing Circumstances

With the rise of restorative justice,our country’s attention to victims is gradually warming up.The application of criminal reconciliation procedure is the best example.As the core of criminal reconciliation,victim understanding has not been explicitly stipulated in the Criminal Law,but it has played an important role in the judicial practice of sentencing.The victim’s understanding of sentencing circumstance embodies the requirement of individualization of sentencing,and helps to realize the purpose of punishment combining retribution and prevention,so it has theoretical justification basis.From the perspective of judicial practice,the victim’s understanding of sentencing circumstances has resulted in many problems such as unbalanced sentencing due to the lack of necessary regulations and guidance.Therefore,it is necessary to regulate the application of the victim’s understanding sentencing circumstance,and correct the confusion of the application of the victim’s understanding sentencing circumstance by clarifying the applicable conditions,clarifying the applicable scope and standardizing the applicable procedures.In addition to the introduction and conclusion,this paper is divided into four parts,about50,000 words.Its general content is summarized as follows:The first part is an overall interpretation of the concept of victim’s understanding and its legal attributes.Starting from the definition of the victim,this part clarifies the target of the victim and determines the specific connotation of the victim’s understanding based on this,so that the specific problem of the victim’s understanding of sentencing circumstances can be carried out.The second part is about the theory and practice of victim’s understanding as the basis of sentencing circumstances.It shows that the establishment of victim’s understanding sentencing circumstances is an inevitable choice to achieve the purpose of penalty,a realistic requirement to strengthen the protection of victim’s rights under the concept of restorative justice,and a concrete implementation of the principle of compulsory criminal law in judicial practice.It affirms the positive role of the victim’s understanding of sentencing circumstances in sentencing,and provides effective support for the victim’s understanding of sentencing circumstances based on justice.The third part explores the plight of the victim’s understanding sentencing circumstances in the normative and judicial application by investigating the normative and judicialapplication of the victim’s understanding sentencing circumstances.From the victim understanding sentencing circumstances positioning deviation,identification confusion,ambiguous scope of application,application procedures flaws,lack of security mechanisms,the victim understanding sentencing circumstances lack of necessary restrictions,and has seriously affected the fair handling of criminal cases.In the process of finding out the problem,we should reflect on the original intention of the victim to understand the circumstances of sentencing and establish the direction of solving the problem.The fourth part is about the problems of the victim’s understanding of sentencing circumstances mentioned above as the breakthrough point to find the way to solve the problem.Suggestions on improving the victim’s understanding and sentencing circumstances are put forward respectively from the normative level and the judicial level.The way to solve the problem is to clarify the status of sentencing,clarify the scope of influence,and take state compensation as the way to protect the rights of victims,hoping that the victims can follow the hearts to make a genuine understanding.The application of victim’s understanding sentencing circumstances is a dynamic process for judges to exert their discretion,but the value pursuit must be to realize the justice of penalty.The normative application of the victim’s understanding sentencing circumstances needs the continuous accumulation of practical experience,which is a process of constantly finding and solving problems.We should face up to the problems existing in the application of the victim’s understanding of sentencing circumstances and seek solutions with a positive attitude so as to make it an effective impetus for maintaining social stability and realizing judicial justice.