Research On Procedure Of The Victim-offender Reconciliation

This article mainly from the criminal reconciliation program aspects to discuss several criminal reconciliation focus problem, strive to establish optimized criminal reconciliation program system, finally passed a law formed complete program. In the case of specific scope of cases and startup conditions, the victim, injures and their respective agent or judicial organs shall have the right to file criminal reconciliation, consent, and by the parties hereto by public organizations, neutral adjusting mechanism to host, through both sides negotiate criminal reconciliation agreement equality, and through this agreement, implementation and supervision program finally guaranteeing the smooth completion of criminal reconciliation program. This article mainly discussed the above content divided into five parts, respectively is as follows:The first part elaborated the basic theory of victim-offender mediation. Firstly introduces the concept of victim-offender mediation, by comparing the two views scholars, the author thinks that, criminal reconciliation refers to the criminal case in particular, injures and victims in criminal lawsuit activity, through the mediator in communication and consultations help, the way the criminal problems and disputes, and within the scope of certain and agreement of the minds, and the country shall be of no special authority card shall be investigated for his criminal responsibility or alleviate the way to resolve the disputes. Secondly introduces the type of criminal reconciliation, worldwide recognized type has three kinds, the author thinks that our country basically belongs to absolve type criminal reconciliation. Again the introduced criminal reconciliation procedure value, these are discussed for this paper further lay a theoretical basis.The second part of the victim-offender mediation brought about. The main research criminal reconciliation program startup conditions, criminal reconciliation applicable scope, the victim-offender mediation's mention of the criminal reconciliation and applicable stage. The author thinks that the victim-offender mediation shall conform to the seven conditions start. The applicable scope of the victim-offender mediation, roughly divided into two kinds, the first kind is explicitly stipulated in the law shall not be prosecuted or can be free of the crime shall be investigated for criminal responsibility according to the specific conditions, and that really will no longer cause harm to society, Suspend crime,Occasionally crime, negligence, the transgression, and juvenile as elderly make vicious subjective and objective harm a minor crime.The second is may be sentenced to three years imprisonment, detention, or probation, control, shall only, be fined, qualification punishment of criminal and slightly more than three years under five years the misdemeanor. Start the subject of victim-offender mediation shall be the victim and injures and their agents or judicial organs.Criminal reconciliation, applicable to the investigation, prosecution, trial each litigant phase, passes through in the judicial process always.The third part of the host institution discuss criminal reconciliation. As such by the procuratorate judiciary the protagonist of victim-offender mediation or by a neutral folk organization bear this role has been argued for a long time, this paper explains its advantages and disadvantages, and eventually according to current judicial practice, puts forward two should coexist, and follow with the procuratorates and other judicial organs as the protagonist of criminal reconciliation primarily, by neutral folk organization bear the principle of subsidiary ratzinger. Since such, not only with the current in perfect transitional phase victim-offender-reconciliation system background, at the same time for further perfect our country criminal reconciliation system provide the solid foundation.The fourth part mainly discuss the dispute resolution procedure of criminal reconciliation, which is the main criminal reconciliation program, that is, through mutual consultation part, finally reached an agreement, signed the whole process of the settlement agreement. This program in my law is still blank, so more according to the actual situation in our country, the western countries more perfect, and make a set of practical experience with Chinese socialist features of dispute settlement procedures namely:criminal reconciliation meeting stage before; Injures statements stage; The victim statements stage; The victim requests stage; Consultation stage; Agreements stage.The fifth part mainly discuss the validity of the victim-offender mediation, the criminal reconciliation program execution and supervision program. The author believes that, in procuratorate shall, under the supervision of the criminal reconciliation agreement to reach to execute the effectiveness of criminal reconciliation agreement affirm. But for hosted by the procuratorial organs can be adopted victim-offender reconciliation, the way people supervisors shall be supervised.