Preliminary Study Victim-Offender-Reconciliation System

With the development of the theory of criminal litigation and corresponding practice, excessively relying on the penalty but neglecting other way and method to restorative the social relationship has been proved to be a policy needs to be re-considered. Meanwhile, the traditional"Country-Criminal"unilateral penalty is too much country-oriented but neglecting the protection of victim which turns to be not adaptive to the current theory of protecting the citizen's right.Beginning from the 1970's, in the Western World, a new criminal treatment method named"Restorative Justice Theory"begin to mounting which is to determine the treatment method by the way of communicating between the accused, victim and the representative of community under the presiding of judicial officer, e.g. by the way that the accused apologizes to, compensate the victim, or provide service to community and the victim to make victim indemnified for the loss of property and emotional distress and restorative the harmed social relationship, make the criminal reconcile with the sociality. This method is later developed into a new judicial system--- VOR(shortened from Victim-Offender-Reconciliation).This article intends to analyze the VOR and explore the possible application procedure based on the current criminal judicial practice including the condition precedent, application scope, application condition, supervision, and advocate VOR in the criminal litigation of the country, in order to protect the legitimate rights of both the criminal and victim to the maxim extent, save the nation's judicial resource and promote the harmonious sociality.This article consists of five chapters: Chapter one and two introduce the basic information of VOR, including the source, definition, basic theory and value. Chapter three introduces the implementation of VOR in certain countries with a view for reference. Chapter four analyzes the historical condition and realistic foundation to establish VOR. Chapter five is the core of the article which design in detail the implementation procedure and presents the author's advices as well.