The Disposal System of Promising to Return Compensation on Behalf of Others
The phenomenon of"different judgments in the same case"is very prominent in civil litigation caused by the promise of the criminal's close relatives to retract the compensation on behalf of the victim.In practice,there are mainly three disposal positions:ruling to reject the victim's lawsuit on the grounds that it is not a civil dispute,rejecting the victim's lawsuit request on the grounds that the compensation has personal exclu-sivity,and requiring the criminal's close relatives to fulfill the promise of compensation on behalf of the vic-tim based on the promise of compensation agreement as a promissory contract.From the perspective of neces-sity,a typological analysis should be conducted on the reasons or situations of the offender's close relatives'repentance,and a corresponding disposal system should be constructed.In terms of types,the near relatives of the perpetrator may retract their promise,which can be divided into simple retractals,retractals where the promise to retract the compensation on behalf of the offender does not affect the sentencing at all,retractals where the promise to retract the compensation on behalf of the offender does not fully achieve the expected purpose,and retractals due to misunderstanding or being"coerced".For simple estoppel,it is not appropriate to deprive the offender of the"sentencing preference"through the criminal retrial procedure.The offender's close relatives should continue to fulfill the promise of compensation on their behalf.For cases where a prom-ise to refund compensation on behalf of the offender has not affected the sentencing at all,based on the rea-son of disappearance of the"reciprocal transaction",close relatives of the offender should not be required to continue fulfilling the promise to refund compensation on behalf of the offender.The situation where the ex-pected demands of the close relatives of the perpetrator fail and the offender retracts should be comprehen-sively evaluated based on whether the victim and the close relatives of the perpetrator agree on the expected relief.For those who retract due to misunderstanding and being"coerced",the close relatives of the perpetra-tor should no longer bear the responsibility of compensation on behalf of the perpetrator or bear responsibili-ties that do not exceed the scope of compensation that the perpetrator should return.
Refund Compensation on BehalfRetractReciprocal TransactionSentencing Preference
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