Study On The Application And Effect Of Legal Interest Recovery Behavior

The legal benefit recovery behavior means that after the criminal behavior reaches the successful state,the actor also eliminates the danger or restores the damaged legal benefit in time through the independent and effective behavior.How to identify the phenomenon of "accomplished behavior but harmless results" should be dealt with in judicial practice,because the purpose of criminal law is not only to punish crimes,but also to protect the people and ensure the safety of legal interests.Now to law recovery phenomenon is just as a discretionary lenient punishment reason,only related to the understanding of the judges,not a positive influence on the criminal perpetrator,this phenomenon and the principle of criminal law,only clear law recovery behavior of criminal law evaluation and its effect,can in the criminal law evaluation is to create more lighter cases,enhance the social fear of criminal law.First of all,the restoration of legal interest behavior has its reference and rationality in the historical strictness and theoretical support,clarifying the conditions for the composition of the restoration of legal interest behavior,and clarifying the difference between the restoration of legal interest behavior and some other criminal law concepts.Second,in the criminal law system will restore behavior in crime and responsibility theory will exist certain problems,to avoid the problem,reduce by the addition of the behavior and the current criminal law system,should be restored in the punishment system,as a sentencing circumstances in the judicial consideration.Again,clear the application of legal recovery behavior,find out the applicable legal recovery behavior principle characteristics,to the applicable possible problems,finally,the author suggests that the law recovery behavior as a legal sentencing circumstances,qualitative in the legislation,refinement in the interpretation,the legal recovery behavior as a beneficial supplement to criminal punishment.Legalizing the restoration of legal interests can not only save the national judicial resources,but also protect the legitimate rights and interests of the victims more effectively,but also encourage the criminals to actively repent,realize the criminal law to punish crimes,protect the interests of the state and the people,and effectively protect human rights.