The Victim’s Excessive Claim In Criminal Reconciliation And Its Legal Countermeasures

In the process of criminal reconciliation,the phenomenon of victims’ excessive claim is very common.excessive claim is to point to,the victim puts forward to the defendant without limitation the compensation claim that is higher than its place to suffer damage obviously.In practice,victims are directly infringed by illegal ACTS due to their personal,property or other legitimate rights and interests,and they all hope to maximize their interests to make up for their injuries,whether from their psychological expectation or from the position of the victims.There are many reasons for the excessive claims of victims,the main reason is that the current criminal reconciliation system in our country still has shortcomings,such as criminal reconciliation to reach the compensation standard is not clear,compensation is considered to be a necessary condition for criminal reconciliation.To be specific,the difference of economic compensation will lead to the problem of judicial inequality,and the victim will have the mentality of comparison,so as to "charge all the prices" in the reconciliation process.On the other hand,compensation and criminal reconciliation bind each other,only the criminal compensation,can get the victim understanding.In addition,the criminal system of our country has not stipulated the compensation for spiritual damage,so the defendant is not willing to compensate the victim’s spiritual loss in the process of reconciliation,which makes the views of all parties are not consistent,each saying his own words,the two sides can not reach unity.In addition,the criminal collateral civil compensation of the difficult execution of the judgment is one of the reasons for the victims of excessive claims.The victim’s behavior of excessive claim violates the principle of fairness and justice,resulting in the criminal reconciliation can not be reached,the criminal can not be in accordance with the criminal reconciliation system to be lenient punishment,thus in a deadlock,both parties hurt.After the defendant’s compensation far exceeds the amount he should pay,quite a lot of criminals’ originally rich life therefore falls into poverty.This kind of frustration and attack will aggravate the defendant’s resentment towards the victim,at this time,the defendant will have the psychology of revenge,andmay commit a second crime,which is not conducive to social harmony.In addition,the victim to the defendant a huge amount of compensation behavior will cause the judicial organs to handle the case low efficiency,increase the workload of the case handling personnel.In order to solve the problem of the victim’s excessive claim in the reconciliation process,from the guiding principle,we should be based on the principle of justice and guilt,coordinate and deal with all kinds of interests,solve all kinds of social contradictions,and truly realize social fairness and justice.Specifically,the victim should be based on the reasons for the excessive claims to formulate targeted countermeasures.Above all,should make clear compensation standard,make criminal compensation standardization,avoid the phenomenon that appears in judicatory practice same case is judged differently.Secondly,the compensation for mental damage should be included in the scope of criminal compensation,and the scope of the victim’s right to obtain criminal compensation should be expanded from the direct material damage to the compensation for mental damage.Finally,it is necessary to set up the system of "compensation and leniency" and the system of criminal reconciliation in parallel,so as to solve the problem of excessive claims of victims at the root.At present,the criminal procedure law of our country only stipulates the criminal reconciliation to be lenient,does not stipulate the compensation to be lenient,actually this is two kinds of different systems,can be completely parallel.The feasibility of setting up the two systems in parallel lies in the fact that the leniency of compensation has its own advantages,and the leniency of compensation alone can be used as an independent system.Even if no criminal settlement is reached,the defendant can also apply the leniency of compensation.Conversely,a simple system of conciliation and leniency is also possible.If only compensation,did not obtain the victim’s understanding,or did not reach a settlement,then the system of lenient compensation applies,so will not because of the victim’s excessive claims and cannot get lenient punishment.In order to refine the treatment,the two systems should be set up separately.The criminal only conforms to one lenient circumstance,only USES one lenient circumstance;If the two lenient circumstances are consistent,the two lenient circumstances are applicable in parallel,inthis case,the criminal has more lenient ways,will not be unable to get leniency because of the victim’s excessive claim,which plays an important role in alleviating the victim’s excessive claim.After the criminal reconciliation leniency and compensation leniency systems are established in parallel,it can be regarded as a good system to deal with the excessive claims of victims.After setting up two systems in parallel,it is difficult for the victim to obtain a large amount of compensation if he makes a excessive claim against the offender.Because the criminal compensated to the victim he should compensate the amount,even if the victim does not understand,the offender can also get part of the leniency.If there is both compensation and reconciliation in a case,and the victim’s understanding is obtained,then the leniency is double,and the defendant can superimpose the leniency of compensation and reconciliation.