Research On The Limitation Of Victim’s Forgiveness In Victim’s Fault Cases

Victim’s forgiveness is one of the important factors affecting sentencing.Although there is no clear provision for this in the current law of our country,the application of victim’s forgiveness often appears in the judgment of punishment.and real issues.Especially in cases where the victim is at fault,more attention should be paid to the limitation of the application of the victim’s forgiveness.In practice,in a large number of cases,when the victim is at fault,the right of the victim’s forgiveness is still placed in the supreme position.This is due to the current situation in my country.Due to the absence of laws and regulations and the theoretical imperfection,the victim should be highly vigilant against the abuse of the victim’s forgiveness when the victim is at fault.The first chapter is an overview of the basic principles of victim forgiveness and victim fault.This chapter mainly discusses the existing problems of victim forgiveness in judicial practice and the normative investigation.At present,the serious problem in judicial practice is that it pays too much attention to the circumstances of victim forgiveness.The existence of faults will not be considered,and it is entirely up to the victim’s understanding to decide whether the perpetrator can be released on bail pending trial or sentenced to a non-custodial sentence,and then discusses the judicial status quo of the victim’s forgiveness.In the basic theory of victim’s fault,it mainly discusses the rationality of considering the victim’s fault in judicial practice.The second chapter focuses on the theoretical conflict between the victim’s right to forgive and the victim’s fault,first discusses the relationship between the victim’s forgiveness and the victim’s fault,mainly expounds the basis for the victim’s right to forgive,and in special circumstances,when the victim is at fault,the victim’s forgiveness Rights play a role in dissolution.In the type of conflict,it is mainly discussed from the perspective of leniency system and self-defense.In these two cases,it is not necessary to consider whether the victim understands.And to re-examine the issue of the victim’s fault from the concept of restorative justice,the two are incompatible to a certain extent.The third chapter mainly discusses the necessity of the limitation of the victim’s understanding in the case of the victim’s fault.From the perspective of the falsification of the victim’s fault factor in the litigation status,it discusses the excessive strengthening of the victim’s understanding,which violates the concept of justice and litigation efficiency.The feasibility of restricting the victim’s forgiveness is mainly manifested in that it conforms to the principle of accommodating guilt and responsibility,can more accurately grasp the sentencing of the defendant,and analyze the necessity of restricting his right to forgive.The fourth chapter provides a system design for perfecting the limitation of the victim’s forgiveness in the case of the victim’s fault in our country,and puts forward targeted feasible suggestions,such as classifying the victim’s fault,and reasonably determining the scope of the understanding of the victim in the case of the victim’s fault.From this,we find out how to reasonably use and consider the victim’s forgiveness when the victim is at fault in a criminal case,to prevent the abuse of the victim’s rights,and to maintain the fairness and efficiency of the judiciary.