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Research on Victim’s Condonation

Author: WenGuoShuai
Tutor: WangLiJun
School: China Youth Political College
Course: Criminal Law
Keywords: Forgive Negates the reality conviction Legitimacy Criminal Reconciliation System Victim impact statement
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 157
Quote: 2
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Abstract


In the modern theory of criminal law, the subsequent conduct of the victim, in principle, can be used as a crime negates the subject. U.S. is the use of the concept of forgiveness of the victim after the victim made a commitment to define behavior, with a few exceptions, this episode can not be used as a legal defense based on the actual execution of the criminal law departments often have a significant impact. China's legislation does not forgive the victim clearly defined theoretical circles after the attitude of the victim has little research on whether and how to adopt the views of the victim, the judicial practice have very different opinions. To compensate for the lack of legislation, given to victims to forgive the plot to the legal status of forgiveness by the victim, the author conducted a preliminary demonstration. The full text is divided into five chapters. First chapter by a few typical cases with the situation of victims to forgive several key issues to be discussed below, the analysis of the concept of forgiveness by the victim; qualitative second chapter will be victims of forgiveness in the case of private prosecution, the public prosecution case, sentencing analysis of argumentation; Chapter from the national penalty exercise of the right, the general theory of criminal law, criminal law theory and practice possible impact angle forgiveness in the conviction and sentencing of the victim the Justification process; in the fourth chapter, the author carried out a detailed answer to victims to forgive plot some of the questions that may arise in the judicial process of the application; Finally, the problem of insufficient emphasis on the attitude of the victims for the legislative and judicial , I suggested on the basis of analysis of the reasons in minor cases continue to pursue the criminal settlement system, introduced in the case of public prosecution Victim Impact Statement to better play the victim to forgive this episode in influencing the role of the conviction and sentencing. In short, through a series of analysis and argumentation, I believe that the victim forgive this episode in the case of private prosecution can play a the convicted role negates the reality, as a discretionary punishment fits the crime, and even in the case of public prosecution in the judicial interpretation of the provisions of the special circumstances can affect the qualitative behavior. This plot as the conviction and sentencing factors to be taken into account, the penalty and the right to development, in line with the general principles of criminal law, has a good theoretical support. The use of this plot is bound to build harmony judicial practice have a very big impact.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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