On The Application Of Criminal Victim's Understanding In Sentencing

The affender factor has been brought to the great attention in the penalty discretion,while the victim factor is in a neglected factor status.Influenced by traditional judicial concept,criminal proceeding is usually considered a national judicial authority behavior,the victim’s attitude to personal relationship with how not to consider.Understanding while the victim is a simple unilateral said,but its place as the sentencing circumstances be considered in a criminal trial is truly in the modern civilized society was put forward and the debate.In recent years,considering among public prosecution,the victim’s mood and attitude to the impact of sentencing in criminal cases is inevitable,will be consideration,understanding the victim as sentencing plot has become in today’s world of penalty is an important direction of the development of the theory and practice.The article embarks from the analysis of the concept of understanding the victim,the analysis for the victim in the legislation and judicial practice in our country present situation and problems of understanding,understanding is put forward in our country will be the victim as the legitimacy and necessity of legal sentencing plot,the final perfect for understanding the victim in the sentencing suggestion.In this paper,we adopt the method of theory with practice,main research methods of literature material method,value analysis,empirical analysis,etc.Through the literature material law,from the collected all kinds of books,papers,legal norms and judicial interpretation,summing up its achievements,foreign literature information found its disadvantages.Through the value analysis method to study the necessity of understanding the victim as sentencing plot in our country.Finally the victim is presented by empirical analysis,the understanding in sentencing the concrete applicable proposals.The goal of this article is "the whole of our country’s current actual situation,analysis the existing academic circles of understanding for the victim as sentencing plot controversy exists,proposed the victim forgiveness as sentencing plot the legitimacy and necessity in our country,finally puts forward Suggestions for understanding the victim in the sentencing applicable.Through studying,we summed up that the understanding of law for victims of our country is not yet clearly defined,is widely used in the judicial practice.Due to many problems has not been unified understanding,so the application up unavoidably exist certain difficulties,therefore should perfect legislation and norms related to the understanding of the victim,the victim the applicable standards in judicial practice understanding and improve the victim understanding related supporting system,etc.,to jointly promote China’s judicial rigorous,humanity and science.