Improving The Victim-Offender Reconciliation System

The Victim-Offender Reconciliation System has developed for decades years since it was applied in the judicial practice in the western countries since the 70s of the 20th century. Presently, it has been accepted by many countries and districts because this method in dealing with disputes saves the lawsuit costs of the victims and the offenders as well as the national judicial resource. It is consistent with the traditional culture basis like"dropping the lawsuit" as well as the theory of "severe justice with mercy" in the criminal justice policy that is proposed in recent years. As a result, our country has tried to imported this kind of approach to criminal cases which is based on consultation and cooperation. However, Victim-Offender Reconciliation which regards the individual as the standard values can not be supported by any related theories in the existing criminal justice concept of our country. Therefore, Victim-Offender Reconciliation was questioned at the very beginning of judicial practice because of its contradictions with the three principles of criminal law. What's worse, in the process of practice the applied conditions cannot be unified and the relatedmeasures are not perfect. All these problems emerges because the laws lack the related stipulation. This thesis adopts the methods of comparative study and empirical study with some individual cases in Victim-Offender Reconciliation practice. Through trying to explain the theory basis of western criminal conciliation, the author will analyse the cultural basis and criminal policies in our country as well as refute the question of the contradictions between Victim-Offender Reconciliation and the three principles of criminal law. And then the author will analyse the problem that how Victim-Offender Reconciliation is missed in the existing traditional theory of criminal justice and criminal laws. On basis of these analysis, the author will give several of how to perfect the criminal conciliation system in our country from the respects of criminal legislation and the perfect of related measures.Chapter one analyzes both the characteristics of the criminal settlement and the relationship with the related concepts on the basis of the specific cases. Chapter two, on the theoretical basis of interpretation of the Western criminal reconciliation-equilibrium theory, narrative theory and restorative justice theory, put forward the three major theoretical bases of criminal reconciliation in our country, which includes cultural basis of Chinese traditional culture of forgiveness, love ideas, " persuading defendants" "resting litigation", the criminal policy basis of the current temper justice with mercy in China, and the social base under the scientific development view. Chapter three expounds on both the basis of the Criminal reconciliation in a level of law and the approach in practical life. Chapter four analyses the existing problems of Criminal reconciliation, including the traditional concept of criminal justice and the constraints of the criminal settlement. In our country, Criminal Reconciliation lacks of fully support from the criminal legislation,, and the limited application of the non-custodial measures affects the applications and effectiveness of the criminal settlement, and the related measures, systems, and institutions of criminal settlement are imperfect. Chapter five, facing the existing problems of Criminal reconciliation, proposes improving suggestions on the criminal settlement system, which Includes explaining oh the subjective and objective conditions and applicative scope of criminal reconciliation from entities, ruling applicable to stages and manners from the criminal settlement procedure, establishing criminal victims compensation system, improving the alternative disciplinary measures of criminal sanctions, setting up punishment system for the crime after the criminal reconciliation, and also founding the special victims protection system.