Research On The Victim-offender Reconciliation

The victim-offender reconciliation appears as a brand new model of handing crimes, which has a different operation way and advantages. The victim-offender-reconciliation has important effect to protect the direct victim's benefit, and pay close attention to the question that the offenders return to the society and regain the social relations between the victim and the offender. The victim-offender-reconciliation also reflects that human beings run after more and more ways that resolve the criminal contradictious. Firstly, this article introduce the victim-offender reconciliation; secondly, it explores the value and the theory basic of the victim-offender reconciliation; thirdly, it introduces the practical experience in abroad;at last, it discuses the problem that China construct the victim-offender-reconciliation.There are about 30000 words and four chapters.Chapter one is the introduction to the victim -offender-reconciliation. There are two questions to discus. Firstly, it discuses what is the victim-offender-reconciliation. There are tow viewpoints to this. The one hold that the connotation of the victim-offender-reconciliation is that in the help of the mediator after the crime's happening, it lets the victim to consult with the offender. The aim is to regain the social relations destroyed of the victim,make up the firm of the victim,make the offender belong to society again. The other viewpoint is that during the process of the criminal proceedings, the victim forgives the offender if the offender admit the crime,apologize to the victim and give the victim some money and so on. Then the state organs don't investigate the offender's criminal responsibility or sentence the offender to the light penalty. After these comment, it says that in the victim-offender reconciliation there are three relations. Secondly, it discuses the birth and the development of the victim-offender reconciliation. It was formed because of the crime victim theory and the abuses of the traditional criminal justice system. The victim-offender reconciliation has developed very fast in Western countries. In this part, it also discusses the development in English,France,Germany,Japan and China.Chapter tow is the introduction to the theory basic of the victim-offender reconciliation. There are tow theory basics. The one is the restorative justice, it has relation to the substantive justice of the victim-offender reconciliation; the second is the theory of the procedural subject. It has relation to the procedural justice. There are the introduction to the tow theory and the request to the victim-offender reconciliation.Chapter three discusses the value of the victim-offender reconciliation and the relation between the victim-offender reconciliation and the due process of law. The victim-offender reconciliation embodies the humanities care in criminal legal relations, economizes the cost of the justice, raises the suit efficiency, realize a diversification of solving the criminal issues. About the second respect ,the relation between the victim-offender reconciliation and the due process of law, it says that the due process of law has ten requests: participation,legitimism,peace,humanity,consensus,neutrality,autonomy,rationality,timeliness,finality. And the victim-offender reconciliation is according with the requests of the due process of law. However, as to the opposed justice,the restorative justice uses a especially way to express the due process of law.Chapter four is the important part. It is the design for establishment of the victim-offender reconciliation in china. First this part will discuss the feasibility of establishing such reconciliation system. The last part is the suggestions about the premise, applying scope, applying stage and so on of the victim-offender reconciliation if China choose to build up such a system.There is not a perfect system in the word. The victim-offender reconciliation has its shortcoming; however, we can't deny it. Establishing such a system in china needs more practice. During this process, it's important to admit the experience from the justice.