The Jurisprudential Thinking Of Victim-offender Reconciliation

The Victim-Offender Reconciliation is a new mode of crime treatment, which brings about a new dispute-settlement system. At the present time, it becomes widespread in western countries, and is attached to great importance and highly valued by many international organizations. The victim-offender reconciliation is of great importance to resolving conflicts and disputes appropriately between the offenders and the victims, and plays an important role in maintaining social harmony and stability. Since the 1970s, the victim-offender reconciliation has become reality and gained development in a number of countries, thus it has become an increasingly prominent legal issue which has gradually catched much attention by the international community. For Chinese jurisprudents, this legal issue also posesses researchability. In recent years, a considerable number of scholars in China has focused attention on the the victim-offender reconciliation with utmost passion, and conducted extensive research into this issue. Most scholars support the introducing and implementing of the victim-offender reconciliation in China, in the same breath, there has been no lack of opposing voices. Most research results are with regard to how to construct the victim-offender reconciliation in China, from the perspectives of the Criminal Law and the Law of Criminal Procedure. There is few consideration on this issue from the theoretical view of jurisprudential thinking. This dissertation intends to, from the perspective of jurisprudence, explore and expound the concept , development, legal basis, and value of the Victim-offender Reconciliation and assay the merits and warts of this system, based on the comparatively mature theory and practice from other countries. This dissertation presents some advice on the feasibility of constructing the victim-offender reconciliation system in China, and states clearly about introducing this system in a way of supportive. Furthermore, this dissertation looks forward to the development prosperity of the victim-offender reconciliation from harmonious angle, which suited to the harmonious relations of Chinese civilization, and meets the demand of establishing harmonious society in China.This dissertation is divided into three parts.The first part clarifies the victim-offender reconciliation theoretically from its concept, development, jurisprudence basis and value. On this basis, the second part compares our country to western countries, introducing judicial practice mode in major western countries and analyzes the current situation of the victim-offender reconciliation in China. Based on the former parts, part three is concernd with the localization of the victim-offender reconciliation, points out the feasibility of constructing the victim-offender reconciliation in China, and provides the principles and legislative thinking of establishing this system.