Rational Thinking About The Reconciliation In Venial Criminal Cases

The victim is eligible for the suit position as a party in Chinese criminal judicial system. But there are no specific regulations about the manner, procedure and guarantee that the victim can obey when he/she takes part in the litigation. Actually, the victim has only been eligible for some rights, which can be achieved hardly, and it is impossible for the victim to obtain the same rights as the perpetrator does when takes part in the litigation. As one of the hot issue of the criminal legal system's reformation, many legal departments have pushed Victim-Offender Mediation System (VOM) actively. VOM system reflects various levels of merits, especially in the protection of victim's rights. The practice of VOM that carried out by Chinese judicial departments in the existing legal system has reflected the intention of VOM system though with different form and level. Such practice that aims at the protection of the victim's rights has achieved good impact both in judicial aspect and social aspect.This essay is from the view of protecting the victim's rights and through the beginning, development, origin and characteristic of the VOM, to make a rational analysis about the necessity, basis, value and demerit of introducing VOM into Chinese venial criminal cases. It is not adaptive to bring in the VOM totally to Chinese criminal trial because of the congenital demerits of VOM itself and the difficulty in practice which brought by such demerits. However, to avoid the suit and smoke the calumet together is the culture base of China, together with broad nongovernmental conciliation organizations, the mediation tradition, effective conciliation methods and with the successful treatment and good achievement of non-criminal deal about some cases in practice, it is compatible to the situation of our country, from he view of protecting the victim's rights, to bring in VOM as a optional mechanism to some venial criminal cases that arose between acquaintance because of marriage, family etc.To bring in VOM to venial criminal cases shall be carried out according to the existing legal framework strictly. It shall be pushed actively together with cautious evaluation according to the criminal policy. The victims'independent positions shall be incarnated and their dignity and substantial interests shall be respected and protected. The lenity policy to the criminal shall obey the existing legal spirits and be enforced according to the criminal laws. Rigorous surveillance system shall be designed to make sure that the victim's legal rights can be protected when the VOM is brought in.