The Influence Of Criminal Damage On Sentencing

At this stage, China’s "Criminal Law" and "Criminal Procedure" is being constantly updated with the changing society, then winding itself more toward humanity and the rule of law in the direction of development. As we all know, violated China’s "Criminal Law" and "Criminal Procedure" behavior of people, should be subject to legal, regulatory sanctions, but the current criminal sentencing in there are a lot of "losing money commutation" of instances, this phenomenon has drawn increasing the extraordinary community, while doubts voice is also very strong, civil evenly split; however, "criminal Law" and "criminal Procedure" in the criminal compensation for giving recognition to some extent, the attitude, and therefore in the judicial practice in this respect still continue to carry out exploration and innovation apply. Behind this trend, it is because "losing money commutation" to a certain extent, help people reduce their dangerousness criminal behavior, contribute to admit repentance, even if there are many still exist in some need to improve judicial practice place, but its value can still effectively obtain judicial approval. The third part of this paper proposes some specific suggestions to improve the criminal damage compensation system in our country. There are some problems in the criminal damage compensation system in our country, such as the lack of unified and definite regulations. Aiming at these problems, this paper suggests taking criminal damage compensation as a specific and concrete legal procedure of statutory circumstances of sentencing. As we all know, in the "Criminal Law" in the sentencing part of "losing money commutation" behind reflected in the form of liability and damages to contact the perpetrator of criminal law applicable between the two, so in order to ensure that the "lose money commutation" in China’s "Criminal Law" sentencing the better and more scientific applications, for this "lose money commutation" system, the author will discuss and analyze superficially look at this article, I hope to play a more active role in their criminal law.