A Study Of Victim Factors In Sentencing Perspective

Victim factors are factors attributed to the victim that affect the defendant’s conviction and sentence,including factors such as the victim’s fault,the victim’s commitment and the victim’s understanding.For a long time,criminal law theory has artificially stripped away the interaction between the victimizer and the victim,viewing the victim in isolation,and the relevant research is therefore weak.The victim factor in China’s justice is not clear legislation,investigation and trial is not enough attention,and China does not have a unified standard for the consideration of the victim factor,its determination and influence are somewhat arbitrary,the resulting differences in sentencing,will lead to the unfairness of judicial discretion.Therefore,the reference measurement of victim factors in sentencing is a new direction in the field of current criminal law,and the full text is divided into the following six parts.Part I,Introduction.The background of the study of victim factors in sentencing perspective and its significance in the current judicial system are discussed.At present,the research on victim factors in foreign countries started earlier and the related discussions are more in-depth,while the domestic research on victimology started from the translation and introduction of foreign literature,and although there are achievements,the related research in criminal law is relatively weak compared with criminology and procedural jurisprudence.The second part,the consideration of victim factors in sentencing.In this part,the problems and deficiencies of victim factors in sentencing are sorted out.These problems include unclear legislation on victim factors,insufficient and unscientific consideration of victim factors in the process of justice and investigation,resulting in large differences in sentencing results,which may produce phenomena that affect justice.In addition,the absence of victim factors is closely related to the theoretical roots,and the impact on victim factors caused by the dual structure model will be analyzed from the perspective of the historical development of the victim’s penal role.In the third part,the theoretical foundations of the victim factor in sentencing are presented.First,the theoretical and legal bases for the introduction of the victim factor in sentencing are introduced,the juridical value basis it contains is analyzed,and a new understanding of the importance of the criminal principle that criminal law safeguards human rights and that crime and punishment are compatible with each other is gained.Considering the application of the victim factor fully explains the modesty of criminal law.On this basis,this paper also provides a specific elaboration on the role of the victim element in conviction,especially emphasizing that the victim element reflects not only the social danger of the suspect,but also the personal danger of the suspect.The fourth part,the positioning of the victim element in the sentencing circumstances.It can reflect the degree of damage caused by the crime to the victim,as well as the pain and harm caused by the crime to the victim.The sentencing circumstances are complex and different classifications exist,but it is undeniable that the victim factor is part of the sentencing circumstances,but the traditional practice of using the victim factor as a sentencing circumstance needs to be urgently changed.In the light of the specific performance of the common law countries in criminal proceedings and the actual situation of China in criminal proceedings,the necessity and feasibility of introducing the concept of "victim element" in criminal proceedings in China are argued in theory and reality.The fifth part is the analysis of common victim factors affecting sentencing.This chapter analyzes the different situations of victim factors in judicial practice from the concepts and elements of victim commitment,victim fault,and victim understanding,compares the legislation and judicial status of victim factors in foreign countries,and discusses the specific factors that affect the extraction and determination of sentencing circumstances.The sixth part,the specific improvement path of victim factors in sentencing.There are many ways to classify victim status,and the effect of conviction and sentencing on suspects varies under different circumstances.For the representative victims,both independent crimes and combined crimes can be adopted to protect the legal rights of the suspects.In judicial practice,judges are required to establish the concept of restorative justice in case trials and to fully take into account the factors of victims in case trials.Meanwhile,at the legislative level,we can define and evaluate the victim factor by typifying and benchmarking it,as well as defining it and evaluating it.In addition,we can also protect the rights and interests of victims procedurally by constructing a mechanism for the presentation of victims’ sentencing opinions and a mechanism for sentencing debates.