On Victim-Offender Reconciliation

How to realize the ideal intention of both victim restoration and criminal recovery has become a theme of current criminal justice reform. Because of so many disadvantages of the traditional criminal justice system, a different paradigm which is called Victim-Offender Reconciliation for understanding and responding to issues of crime and justice has developed in west countries. This article is trying to find out its special system connotation and analyze both its functions and disadvantages. Based on all of this, Victim-Offender Reconciliation Chinese-Characterization is considered and finally it is concluded that Victim-Offender Reconciliation Chinese-Characterization should be cautious and suspended. This article includes five parts:Part one, Emergence of Victim-Offender Reconciliation. By reviewing on settings, we find out that Victim-Offender Reconciliation emerges from the emphasis on both victim and criminal. With victim restoration and criminal recovery becoming the focus of criminal justice reform, Victim-Offender Reconciliation emerged.Part two, Value of Victim-Offender Reconciliation. It is the basic difference between Victim-Offender Reconciliation and the traditional criminal justice system, so it is the core of this article. Compared to traditional criminal justice system, Victim-Offender Reconciliation bases on values such as efficiency and restorative justice. It no longer puts emphasis on punishment but on restoration. It reflects that country standard, country justice and stigmatic shaming have been instead by individual standard, community justice and reintegrative shaming from retributive justice to restorative justice.Part three, Form of Victim-Offender Reconciliation. This part summarizes characters of Victim-Offender Reconciliation Process though reviewing the representative system such as family group conferencing in New Zealand, restorative conferencing in England, victim-offender mediation/dialogue in America, victim-offender mediation in France, victim-offender reconciliation in Germany.Part four, advantages and disadvantages of Victim-Offender Reconciliation. Victim-Offender Reconciliation can realize many special functions, such as victim restoration, special prevention, general prevention and improvement of justice efficiency. Though there are some disadvantages of Victim-Offender Reconciliation, its positive value is still preponderant. Compared to the traditional justice system, Victim-Offender Reconciliation is a "better" one, which is enough to support its exist and development.Part five, Thinking on Victim-Offender Reconciliation Chinese-Characterization. Considering the influence of economic globalization, the trend of Venial Penalty Simply, the criminal problem during the period of social transformation and the requirement of building a harmonious society, we think that its necessary to use for reference of Victim-Offender Reconciliation. But it is determined by our country' s legal culture, legal concept and legal circumstance that Victim-Offender Reconciliation Chinese-Characterization should be cautious and suspended.