The Study On Victim-offender-reconciliation

Victim-offender-reconciliation 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 restorative justice contains the victim,the offender and the community's.benefit restoration and balance. It's idea is restoring the justice It intents to achieve the restorative end by restorative procedure It's value idea advocates to respect the personal rights and interest,and it creates a new kind of way to solve the benefit confliction .it's vital significance to prefect criminal justicature system in our country to ,and to meet the populace's need if we study itThis paper consists of 4 parts :The first part:is the victim-offender-reconciliation's starting and the development model in West. This part introduces the victim-offender-reconciliation born in West under the background of victim protection and the offender restoration,and introduces the major model in practice.The second part: the theoretical basic of victim-offender-reconciliation—the restorative justice .Discussing restorative justice's different value compare with retribution of justice the .retributive justice is just evil to evil to realize justice.Rstorative justice restores comprehensively the society relation through victim restoration and offender restoration ,and it tries to realize "justice for all".The third part: the theory of value of victim-officer-reconciliation.In this part,from the autonomy ,the justice ,the humanity ,the efficiency, ultima ratio of penalty, harmony and so on , the writer analyses the main value of victim-offender-reconciliation, based on it ,the author thinks the victim-offender-reconciliation's introduction might make up the simplification value of traditional criminal justice system .We ought to construct the legal system with multiplicity value to satisfy the populace's requestThe fourth part: discusses the construction of Chinese model of victim-offender-reconciliation. Throgh analyzing victim's status in our country ,as well as introducting the victim-offender-reconciliation realistic condition,the writer suggests introduce the victim-offender-reconciliation in our country based on it the writer discusses the main request about constructing victim-offender-reconcliation.