Criminal Reconciliation.a Just Procedurein China's Criminal Suit

Legal profession shares different points of views as well as pros and cons about Victim-Offender Mediation. As an judicial official who has been in practice, the author is familiar with the significance of Victim-Offender Mediation for contemporary Criminal Justice. Therefore, it seems that the author picks up phrases from others and brings the truism up again.The purpose of this study is easy and obvious: clarify basic category of Victim-Offender Mediation; elicit the requirement of routinization through revealing the exploration and application of Victim-Offender Mediation in China; point out notable problems in practice reasoningly and honestly after brief description of Victim-Offender Mediation's concrete design.This study includes 4 parts. The first part mainly introduces the Victim-Offender Mediation's emergence, its basic category and development and application in western countries. In the second part, Victim-Offender Mediation is reflected as an institutional reform in criminal proceedings. Besides, the contemporary circumstances and development of Victim-Offender Mediation and specific outline of the system are objectively reflected in this part. China is recently confronted of the stage of social transformation which contains drastic social conflicts and increasing crime. According to a theory that once per-capita income is over 1000 dollars, criminal offence rate will reach peak value as well as the integrated social conflicts will stand out, this part explains that legal institution and related criminal justice should be reformed so as to accommodate the new situation. It focuses on discussing that Victim-Offender Mediation is not only confined to ordinary criminal cases, such as slight criminal case for which investigation is not necessary, family violence, neighborhood dispute, minor crime, committing traffic offences and case that would be sentenced to fixed-term imprisonment of not more than three years, it is also appropriate for all the criminal cases with definite defendant and every part of criminal procedure. And its design of routinized system is the top priority in the reform of criminal law. The third part interprets the theme directly-- Victim-Offender Mediation originated in western countries, but it also echoes harmonious society in China nowadays. With rule of law, China definitely needs the birth of Victim-Offender Mediation. On one hand, criminal policy and Criminal justice are mature now and has already tried to apply Victim-Offender Mediation. On the other hand, harmonious society with Chinese characteristics calls for efficient, moderate, low-cost, harmonious and people-oriented criminal law system. Therefore, the necessity of building the Victim-Offender Mediation is appropriate for the time of judicial reform. This partconcentrates on discussing that apart from the main parts of Victim-Offender Mediation—defendant and sufferer, the agent who plays a role as conciliate, organization and intercession is only confined to Peoples Procuratorate and relevant procurator. Part four specifically reminds us notable problems that existing in practice of Victim-Offender Mediation, and proposes related countermeasure.