The Research Of Victim-Offender-Reconciliation

This article firstly introduced the concept of the victim-offender-reconciliation system, its origin and the development status both nation-wide and international-wide. By comparing with other similar criminal justice systems, including criminal mediation, private settlement, plea bargaining, showed that the characteristics and the value of criminal reconciliation system were fully demonstrated. In the second chapter, the article analyzed the conflicts between the traditional criminal justice system and the criminal reconciliation system, and also pointed out the channel to coordinate conflicts, that is: re-defining the concepts of criminal actions and re-establishing the theory of the purpose of criminal Procedure in punishing crime and the protection of the value of human rights position, treating the protection of victim as course content, laying stress on the interests protection instead of the execution of actions resulting in societal imperilment. The article also expounded on the possibilities and the necessities of establishing criminal reconciliation system in the current China justice system. A well-structured criminal reconciliation system, concluded by the article, can justly protect the interests of the victims, the criminals as well as the general public. The establishment of criminal reconciliation system also provides a resolution to the existing problems of over-crowded prisons and limited justice resources. Most importantly, the national justice system has already been equipped with the premises to successfully implement the system of criminal reconciliation– the rational thinking developed by the scientific advancement, the cultural basis for mediating resolutions, the foundation of legal system and the common practices over years. It is proposed by the article that the establishment and the legislation of a criminal reconciliation system is essential to the harmonious development of our society. In the end the article proposed legislative proposals of the victim-offender-reconciliation system.