On Inevitability of Taking Victim Behavior into Vision of Criminal Law

In the 2012 revised "Criminal Procedure Law", criminal reconciliation is promoted from the local institutional practice to the national program level. But this can not change the situation that victim behavior including criminal reconciliation has been ignored by the criminal law. In fact, victim behavior exists in the whole process of the crime, not only affecting the behavior of crime cognizance, also as a punishment conditions affecting the criminal liability and penal discretion. Therefore, incorporating victim behavior into criminal law has a profound necessity, which is not only coordination needs between the branch of law, but also meets the criminal law requirements of achieving fair concept, expanding interest protection function and evaluating reasonably the social harmfulness.