On The System Of Criminal Mediation

The criminal mediation refers that, in the criminal case, through the face-to-face contact between the offender and the victim as well as the mediation of the neutral third party, the aim is to promote the communication and exchange of two parts, and to determine the solution of the crime. Because of the influence of the western religion religious doctrine and the dissemination of the restorative justice in recent years, at present, criminal mediation develops widely in the western nations and has received the esteem from many international organizations, and its basic thought principle also obtains pass in the United Nations. In our country, the criminal mediation is the natural product of harmonious thought, it is long in our country's history, and it is regarded as "the East experiences". The inspection of the criminal mediation system to some countries which belong to the Anglo-American Legal system such as USA, England and Australia and some countries which belong to the Roman Law Legal system such as German, France as well as some international organizations such as European committee and the United Nations, has provided an important reference for the construction of our country's criminal mediation system. The present criminal mediation is take the market economy system as the economic basis, the Marxism contradictory theory is its philosophy foundation, the right autonomous idea is its thought foundation, and the contract idea is its cultural base, The consulting judicature is the direct theory basis of the criminal mediation. In our country, along with the popularization of the procedure just idea, the spread of the lawsuit right, it finally caused the climbing of the lawsuit cost and the lengthening of the lawsuit cycle, in addition to the rapid climbing of the rate of receiving criminal cases in recent years, it is more difficult to withstand the reality's pressure only by the scarce judicial resources. However the introduction of the quick decisions'procedures such as Plea Bargaining, has also many barriers under our country imperfect judicature system. The criminal mediation not only has the deep foundation in our country, but also it can enormously enhance the judicial efficiency, insure the justice fair, rapidly restore the social relations, safeguard the right of the victim and the offender, it applies the present justice environment, and is helpful to the harmonious society's construction. Therefore, the widespread application of the criminal mediation which is precisely the brilliant plan to the current situation in our country. However, according to the present legislation of our...