The Research On Victim-Offender Mediation

The basic content of Victim- Offender Mediation is after committing crime to take place, through the accommodator's( is usually a society voluntarily personnel) help, make victim and add to harm the direct talks of person and solve the pertaining to crime dispute, its purpose is for recover drive add the society relation that harm person's breakage and make up the damage that victim be subjected to, and the instauration add to harm the in peace and harmony relation between person and victim, making add to harm the person to turn over a new leaf, and in order to add to harm the person back to return the society, even suppress the social conflict but create the condition. Victim- Offender Mediation reaches agreement a kind of new pertaining to crime current of thought that the system conduct and actions originates the western society, containing to the victim recover, crime the person recover and the society recovers various value of etc. of equilibrium protection, is on sow in the non- penalty turn, the victim protection, crime the person acculturates again etc. to all rather have the result of system. To victim is recover sex of the pertaining to crime protection policy, to offender then mainly is a penalty to act for the means, in recent years be solves the mechanism to the pertaining to crime dispute of trend add more obviously, caused the method to learn the researcher of attention, its principle one after another for in the world many nations and regions are accepted to counteract in fulfillment, current, the crime rate that the our country economy transformation period surge to the movement method of the traditional litigation mode put forward the challenge with efficiencies all, studying the pertaining to crime to reach agreement the system to perfect our country the pertaining to crime entity method and the procedure method contain important theories and practice the meaning, I will with the entity method to research the VOM for center of gravity, according to a theories of penal code frame, to the penal code worth, basic principle, commit crime epistemological, the pertaining to crime responsibility and penalty , carry on the pertaining to crime to reach agreement the system research.This thesis is divided into four chapter:Chapter 1: I will introduce the theoretical foundation and the value of VOM. Trace back to institutional origins, analyze the reason that it become, develops and study its theories according to, pass the different and worth mindset of the more medium study instauration justice to the instauration justice theories and the retribution justice, carry out the justice dissimilarity with" harm to arrive mutually" of the retribution justice, recover justice is pass to kill to recover and add to harm the instauration to carry out the social relation of overall instauration, thus carry out" the justice of the most people".Chapter 2: The entity method research of the VOM. This part is the corpus part of this thesis. First of all, I introduced the importance of the VOM. The next in order, epistemological from the value, basic principle, crime of the penal code, the pertaining to crime responsibility and penalty analysis The VOM conduct and actions non- penalty to turn of in lieu of measure, can carry out the function and the purpose of the penalty.Chapter 3: The crime policy foundation of the VOM in China. The blend of the tolerate law with the strict law and he harmonious social, to set out the policy background of the VOM of our country.Chapter 4: First of all, expatiate the necessity that introduction from the purpose of achieving the penalty, the need for democratization of criminal proceedings, in accordance with direction of penal reform, the need for light penalty, and so on. Secondly, discusses the feasibility of the system of constructing in our country by analyzing the obstacles that the system might meet and advantaged conditions.