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Modern society, the rights of individual citizens of a country's development is reflected in the country an important indication of the degree of civilization. Human rights as complete protection. However, the existing criminal law, criminal policy and criminal justice practice, and emphasis on state authority principle, to achieve the purpose of regulation and criminal penalties, to take a number of ways and means of tort law, even at the expense of some of the provisions of procedural fairness, at the abandonment of respect for people, care, care of the human rights requirements, lack of serious human rights protection.
5, the spirit of the victim compensation is limited. Supreme People's Court [2000] 47 judicial interpretations, the spirit of the victims suffered losses due to criminal acts incidental civil action instituted, the people's court shall not accept. Makers of these provisions may be that the defendant's criminal punishment is the best spiritual comfort to victims. We believe that this view beneath partial lame, because any crime against the person, the first focusing on your number of losses, how the national system of private remedies for damages (including material, physical, spiritual), and only secondarily concerned about the perpetrators What kind of public power by criminal penalties. We as individuals regardless of the criminal policy of the strong demand compensation Yuan Wang, regardless of the victim a huge, sustained, and even change the destiny of a person for life invisible spiritual and psychological trauma, and to state, Should pay attention to the victim compensation for moral damage, environment, and make every effort to return to the state or the victim be compensated for the former The reality of the criminal justice serious shortcomings and deficiencies, which were too strong as the national judicial power, the pursuit of national patterns caused by the indictment, the result is to ignore the needs of the defendant and the interests of victims, ignored the right of people to enjoy nature desire. YAN Cun-sheng editor of the agreement between a right. is a secular society must recognize that they do not have to grant it the right to be universally valid, is not under any circumstances the right to cancel or contempt. missing issues, practical and effective way to build reconciliation in the criminal justice system. Order to highlight the protection of human rights, reflecting the concern of the human, the human embodiment of justice.
1, non-standard investigation, interrogation methods still exists. Target decided to act. In order to identify the facts of the crime as soon as possible,[link widoczny dla zalogowanych], to identify criminals, to achieve and the sanctions against criminals, judicial investigative bodies to take corporal punishment corporal punishment or a disguised method of wrong. National legislation, judicial and other authorities have been investigating to see non-standard way of the seriousness of violations of human rights, therefore, whether the changes in the new Penal Code, or internal disciplinary action, and are similar to severe sanctions torture provisions of the phenomenon. But as long as the national ideology of power there is a strong indictment judge, the defendant, the victim's rights, in front of the banner of national interest is difficult to not be purpose under the pale.

2, the defense not given due attention. Many scholars agree that human rights in the content is divided into basic and non-basic rights. Right of action and equality, freedom, life, personality, and other rights against oppression, as are basic rights. The right is a right of action in defense of a party to protect themselves, express their own self However, in the prosecution, trial proceedings,[link widoczny dla zalogowanych], for non-standard interrogation methods from the formation of the A large number of criminal court the existence of such situation: the basic non-appearance of witnesses, victims almost no notice to appear in court, interrogation transcripts of the trial is only This mode of trial, the parties can not defend themselves, in essence guaranteed. Defense should be the face of a positive response
Construction of the criminal justice system, reconciliation and the role of human rights protection

The rapid development of human society, people-oriented individual freedom, happiness and security needs continue to improve, give us a strong public authority to make up the criminal justice system on the lack of protection of human rights, provided the conditions and possibilities. In this regard, an important and effective way is to build reconciliation in the criminal justice system. Criminal law Criminal settlement system, similar to Western justice in the plea bargain, but it is not exactly the same plea. The so-called reconciliation, refer to the prosecution of criminal cases from the stage, the judiciary presided over the defendant and the victim reached a settlement on certain issues between the order to abandon the limited application of criminal penalties or criminal prosecution against the accused system. Western When the proceeds of crime and crime is the punishment after the comparison between the interests of, a serious imbalance (ie, interest income is far less than he was going to lose freedom, property), criminal law, crime will occur from psychological inhibition. This tells us that the criminal settlement system,[link widoczny dla zalogowanych], not only to play a positive role in protection of human rights, but also to control the occurrence of social crime, there are some positive results. Reduce crime,[link widoczny dla zalogowanych], to avoid conflict, protect human rights, promote harmony, has been the goal of criminal justice. Construction and application of the Chinese criminal settlement system, can the same plea as the West to achieve the purpose of punishment? In this essay,[link widoczny dla zalogowanych], make a plain of this.
First, the existing criminal justice serious human rights protection in the absence of
3, enabling the defendant's lack of evidence collection. There is no evidence there would be no litigation. Article 4 of the Criminal Procedure Law: , tend to focus only on the adverse party, accused some of the evidence of their guilt great efforts to collect, or even threats, enticement, deceit and other illegal means, to the neglect of their defense is set up the collection of evidence. In the traditional Lack of attention in the defense, the defense point of view of the evidence in support of the case are not collected, the accused (the suspect) how the personal rights are fully guaranteed!
4, the victim has not been sufficiently concerned about the damage. In the revised Code of Criminal Procedure, the parties will be defined as the victim and given a series of important procedural rights. In judicial practice, the loss of the victim has not been adequate attention, especially in face of lack of personal and property damage compensation for violations, not the State's compensation and social relief. In particular in: charge of the investigation stage and the right to apply for review, does not provide for reconsideration organ; of the court shall not file for investigation, and does not provide for supervision of the prosecution; on the expert conclusion against the non-relief channels; in the prosecution stage, 145 Criminal Procedure Law provides victims of prosecutorial decision not to prosecute an appeal and the right of private prosecution to the court, but lost due to system oversight and not file a case within the constraints of the decision, so this provision is sometimes useless. As mentioned at the trial stage, the basic hearing without notice to the victim, the victim can not appeal against the verdict, the judiciary and combat functions focus on performance penalties, not enough attention on the victims and damage, so that victims are most concerned about not realize their own interests .

State prosecution because of deeply rooted in our thinking. However, with the victims and the victims of human knowledge on the constantly moving forward, countries given the current criminal law on the interests of victims of the high degree of concern and attention, inevitably the traditional criminal theory of the formation of a strong impact. Punitive criminal law the supremacy of the original understanding of the repositioning of the global trend, which should be the real needs of our deep reflection. Then the construction of the criminal settlement system is it? In his discussion of this system, we must be aware of, criminal legal basis for reconciliation. Western circulating an old legal adage: Since the society from the private relief phase to the public relief
Second, build reconciliation in the criminal justice system is an inevitable social development.
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