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The Application Of The Victim-offender Reconciliation System In Chinese Court's Trial Practice

Posted on:2011-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:R KongFull Text:PDF
GTID:2166330332473406Subject:Law
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The victim-offender reconciliation (victim-offender mediation) means that the victim and the offender negotiate to solve the criminal case with the help of the mediator after a crime happens,it is one of main forms of the restorative justice theory. The victim-offender reconciliation become a new tide and trend of international criminal jusice.The researchers and practicers cause widespread concern and widespread recognition. From early in this century the victim-offender reconciliation was researched hotly in theory and explored actively in practice in China. Judicial authority in Shanghai, Beijing, Zhejiang, Anhui, Hunan and other provinces have issued regulations refering to foreign experiences and achieved good social effects . Some researchers compare the practice of the victim-offender reconciliation in China and western countries,explore the theoretical basis and practical basis of the victim-offender reconciliation and dicuss the legal position,value and function, subject and object, the terms and conditions of the victim-offender reconciliation.This article about a total of 34,000 divided into the following major sections:The first part introduces the meaning of the victim-offender reconciliation and its characteristics, and dicuss the differences and linkages between the victim-offender reconciliation and restorative justice ,plea bargaining in the ideas and systems from a few detailed aspects.The second part reveals the practical significance of the victim-offender reconciliation and point out the inevitable trend of the victim-offender reconciliation. The system respondes to the needs of victims and was main cotent in the practice of building a harmonious society;the victim-offender reconciliation is conducive to rational allocation of judicial resources ,improve the judicial efficiency and make up for deficiencies of the system of supplementary civil action ,better repair damaged social relations.The third part gives answers to the many questions of the victim-offender reconciliation and points out that the characteristics of the victim-offender reconciliation in China law practice. In this section,the author agued that the victim-offender reconciliation does not lead to opposition between personal selfishness values and the values of the national ; the victim-offender reconciliation does not conflict substantially with the principle of legality, the principle of suiting responsibility, the principle of equality before the criminal law.the practice of reconciliation will be widely recognized by the public, public opinion will not be an obstacle of the victim-offender reconciliation. China law practice of the victim-offender reconciliation showed the following main characteristics : for more and more types of cases; for all stages of criminal proceedings;applying more and more types of agreement of the victim-offender reconciliation . In the fourth part ,from personal experience,the author analysis the practices and exploration of the victim-offender reconciliation in Yunnan. The author pointed out the victim-offender reconciliation could be applied not only for the minor criminal cases,but also for some felony cases, even death penalty cases .The victim-offender reconciliation could be applied not only in criminal trials in first instance but also in criminal trials in second instance.In the fifth part, the author advanced some complementary measures of improving the victim-offender reconciliation,such as perfecting the legislations on the victim-offender reconciliation as soon as possible; further implementation of sentencing suggestion system; expanding the scope of the criminal no pros system; implementation of criminal victim assistance mechanisms; establishing face to face consultation system;constrcution of the system of review and restraint; promoting reconciliation diversity.Finally, the author draw their own conclusions and restated his understanding of the victim-offender reconciliation. The author thinked that the victim-offender reconciliation is a worthy reference system which has its necessity and rationality in the presence. The author proposes construction of the system of the victim-offender reconciliation in China has a very important practice significance.Currently, building a socialist harmonious society put forward higher requirements for the application of the victim-offender reconciliation .The victim-offender reconciliation help resolve social conflicts and promote social harmony.
Keywords/Search Tags:The victim-offender reconciliation, Victims, Scope
PDF Full Text Request
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