On The Victim-Offender Mediation System

Victim-Offender Mediation means that the victim and the offender negotiate tosolve thecriminal calse after a crime happens, with the help of the mediator, in order to return social relations destroyed by the offender to normal, remedy the harm suffered by the victim, resume harmonious relations between the victim and the offender, and has the offender correct his errors, make a fresh start and return to the society. This paper bases on introduction of the western Victim-Offender Mediation system and discussion on the issues such as the origin, procedures and value of Victim-Offender Mediation system from the points of multi-subject combination of criminal jurisprudence, criminology and criminal procedure jurisprudence, and gives the-basic thoughts on creating Chinese mode of Victim-Offender Mediation by comparing with Chinese criminal system at this basis.This paper consists of 5 parts. The first part begins with two typical cases, stating the different fate of Victim-Offender Mediation under the different legal background in China and the West, and further, giving necessity of research on Victim-Offender Mediation system. The second part introduces the original sources ofVictim-Offender Mediation system. Victim-Offender Mediation system born in the two social background has three important sources, which has been accepted popularly by criminal and judicial systems in North America and Europe with development for over 30 years. Thethird part is the theoretical content and practical procedures, which gives summary on 4 practical modes, operation conditions and 4 mediation phases from acception to follow-up ofVictim-Offender Mediation, and on this basis, evaluates the whole value of Victim-Offender Mediation system on the results of psychological treatment, satisfaction degree, recidivism rate and compensation rate. The fourth part isthe theoretical basis for Victim-Offender Mediation (the theory of value), which gives emphasis on introduction and discussion of restorative justice theory besides introduction of equity theory and narrative theory.The writer thinks that restorative justice forms the value basis & Victim-Offender Mediation oppositetotraditional retribution justice. The fifth part discusses about the comparison of Victim-Offender Mediation system with Chinese criminal system and the introduction. The writer thinks that Victim-Offender Mediation in current Chinese criminal system only shows its embryonic form and has no systematic sense. Based on the theory of judicial protection for the victim and the offender embodied by Victim-Offender Mediation, its introductions has its special significance. On the basis of system survey, the writer proposes Chinese mode of Victim-Offender Mediation on the issues such as legislation, justice and operation system.