Explore The Scope Of VOR Cases

This article first defines the concept of VOR, And based on an overview the developments and practice of VOR the world, and the author issues the problem: Should we can expanded the scope of application of VOR, and what conditions can be suitable for the VOR cases?For the clear description of the above problems, the author divides the article for three parts:Part I: The part is the main of the article. Inspired by the practice of judicial experience, according to the penalty may be imposed and the interest against the legal , the author analyze if the serious criminal cases can be applied VOR with the actual cases. The author also illustrate with actual case that the different standards among the VOR practice in China may cause some problem and unfavorable situation. The author think that the scope of VOR should be based on the goal of criminal penalty, the general public values, our historical and cultural traditions and the needs of real justice. We must extended the VOR scope for settlement, but also consider the public's general acceptance carefully.Part II: Because of some of the reconciliation between customary law and national criminal law, we should pay attention to special handling in some criminal cases happened in the minority.Part III: Integrated the analysis of the above two parts, , the author proposes the terms and the scope of the VOR application based on the experience in judicial practice, and designs a set of VOR application procedure.In this paper, the author elaborates the relevant arguments by a comparative study, charts and case analysis.