Construction Of Criminal Reconciliation In China's Criminal Law

Today all over the world Focus on human rights in their legislation, and that is an important symbol of a country's democracy and legal system .China pay more and more attention to the protection of criminal victims in legislation and judicial practice, in order to conform to the social democratic development trends and international human rights protection. As the directly victims of crime, the material damage and moral damage that criminal acts caused directly effect on criminal victims .Comprehensive protection of their rights is needed for the establishment of the harmonious society and practicing the socialist concept of law. However, the traditional theory of criminal law standed on state-power, state-dominated the criminal justice, in criminal cases the important position of victims was neglected, the rights of criminal victims was ignored, all of these cause many problems to social stability. Criminal Reconciliation which is victim-oriented resolve criminal cases on the basic of the wishes of victims ,that make up the conventional way of abuse, to The main features of Criminal Reconciliation is the direct talks between perpetrators and victims to resolve criminal disputes, which do legal benefits to criminal justice activities and social good. This article bases on the combination of China's social reality and the Western Criminal Reconciliation theoretical, analyse the theoretical basis and practical, that the settlement system of Criminal Reconciliation have the value both in entity and suit, not only has the function of Sentencing, but also is substantive rights of the victims, as victim punishment case, should be provided in the Criminal Law. Criminal Reconciliation which played in the two functions should not only be the introduction of the Criminal Law, and should be in General and to the provisions of sub-rule. On this basis, the establishment of the Criminal Reconciliation in Criminal Law is built .