| Compensation is a discretionary factor that has an important influence on sentencing in criminal justice. According to an analysis on nearly 3,000 criminal judgements of intentional assault cases, the compensation by the defendant has an important influence on the application of both the principal penalty and probation in criminal justice. With the increase of the severity of crime, the influence of compensation on sentencing and application of probation decreases drastically, while the influence of reconciliation on sentencing increases rapidly. Although the circumstances that may reflect the defendant's repentance, such as “the time of compensation” and “the willingness of compensation”, have no significant impact on the application of principal penalty in judicial operation, they can significantly increase the application of bail and probation. Influenced by the utilitarian thinking of sentencing, the current influence mechanism has high risks of being out of control, such as the over-amplified effect of the compensation on sentencing, the unfair difference in treatment between rich and poor defendants in criminal procedure, and the over-amplification of irrational factors in the mechanism for the determination of amount of compensation in the settlement between the defendant and the victim. To prevent the above risks, China should take such measures as properly restricting the influence of compensation on sentencing, paying more attention to the time and the amount of compensation and the economic condition of the defendant, and perfecting the national compensation system and the public legal service system. |
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