Victim-offender-reconciliation Problems Research

Criminal reconciliation is accused of two sides are the necessary in criminal lawsuit process, through communication and consultation, criminal solve the dispute settlement agreement, agreed to end the lawsuit, no longer criminal cases over the court activities. Restorative justice under criminal understanding namely injures and victims of reconciliation, refers to the crime, via mediator, make the aggressor with the victim directly talks, consulting, and then reach understanding agreement, settle disputes conflict. Visible, criminal reconciliation and criminal understanding is totally different to the two concepts, both were reflected rectifying justice idea and theory of restorative justice. Meanwhile, a worldwide does exist criminal reconciliation and criminal understanding two practical pattern. Because in criminal reconciliation concepts on the erroneous zones in the domestic partial theory understanding and judicial practice, the emergence of a western restorative justice under criminal understanding concepts and criminal reconciliation confusing concept. Because the criminal reconciliation concept, understanding unclear in criminal reconciliation practice exploration pattern choice can't form unified approach, then, around the judicial practice appeared different criminal reconciliation mode. Around practice of criminal reconciliation mode, has obtained some achievements, one is relieves the contradiction in many less, saving the judicial resources and improve the judicial efficiency; 2 it is certain extent by the victim and injures reach understanding, and to promote the handling of legal effect and social effect; Three is to a certain extent, make for a criminal cause contradiction from sharpened and promoting the construction of a harmonious society. Of course, in achievements, there was also some problems, by analyzing the cause of the difficulties, we found the key still depends on the concept of criminal reconciliation and understanding unclear definition of the victim - offender mediation's subject is unknown. This article tries to clarify the criminal reconciliation and criminal understanding the difference between basis, summarized the concept and characteristic of criminal reconciliation, trying to basic concepts on cognition consensus. In criminal reconciliation is both of the accused and the defendant is criminal liability settlement agreement on this understanding, the author adventured after the victim is not a criminal reconciliation main body, the procuratorial organs should be the important subject criminal reconciliation. Due to the practice that criminal reconciliation should be the victim and injures settlement, so criminal reconciliation on the subject awareness is compared commonly loose, think participating criminal reconciliation of state organs, mediators, personal, etc. Are the subject of criminal reconciliation. The author thinks, criminal reconciliation are the subject of the defendant, private prosecutor, procuratorial organs and other participating criminal reconciliation of authority and personal positioning for criminal reconciliation participants would be more appropriate. This definition criminal reconciliation, one is conducive to the subject with western procedural law in criminal reconciliation entity concept connectingrails, 2 it is able to effective unity in China's criminal reconciliation practice mode; 3 it is conducive to dissolve the prosecution organ in criminal reconciliation process subject status of unknown confused; 4 is able to effectively prevent the prosecuting authority says descretion to abuse. Finally, we shall be in harmony of criminal judicial context for understanding based constructing China's criminal reconciliation practical model.