The Study On Victim-Offender Mediation System

The rights of the crime are the main content of the traditional criminal law research. As victim protection movement began, people gradually raised questions about the concept of certain traditional criminal justice .Coupled with the traditional criminal justice system inherent defects, such as neglect of the interests of the victims, the conflict intensified between the parties, offender rehabilitation effect not satisfactory, the judicial process inefficiencies, the traditional system of criminal justice should be reformed in urgency. Victim-offender mediation system as a new mode of dealing with crime, create a new dispute resolution method. Through agreed consultation, and created a victim, offender, national tripartite win-win situation. Therefore, victim-offender mediation was generally welcomed in the West, and there was a mature theory and practice mode. While emphasizing national interests in China, the interests of victims was annihilated by national interests for the long-term and it was little concern the interests and demand of victims. In recent years, Chinese scholars on criminal law have shown the greatest enthusiasm on victim-offender mediation. Most of them are in favor of reconciliation establishing victim-offender mediation system in China. However, their focus mainly concentrated in the value and function of victim-offender mediation and the concrete measures China should take. The source background of victim-offender mediation and other deep-rooted problems were less. In this paper, by introduction the theory of victim-offender mediation system in the West, analysis the obstacles may face in our country to establish victim-offender mediation system, and make an initial proposal.This paper is divided into six parts:Through the introduction of two real cases, reflects that different approaches in practice affected the victim interests, in turn leads to the need for victim-offender mediation.The first chapter is devoted to the origins and value of victim -offender mediation. This paper introduces the origin of the two major social background of victim -offender mediation: the rise of the victim protection movement and the failure of correction policy. victim -offender mediation generated from three important sources. After decades of development, victim -offender mediation has been generally accepted and improved by criminal justice systems in the West. The author believes that the biggest value of victim -offender mediation is the subversion to traditional criminal concept, through agreement system rather than confrontation system to settle disputes, thus maximize the protection of the victim interests. Meanwhile, the impact to the offender is minimized, and the state also saves judicial resources.Chapterâ…¡is about the basic theory of victim -offender mediation. This part introspect the legitimacy of the state monopoly of criminal cases handled from the nature of crime .The author believe that the State bear a dual responsibility in the criminal proceedings - to protect the interests of victim of offender in both. Then analysis the interests of victims demand - revenge and compensation, and victim -offender mediation can satisfy the demand of victim. This is the focus and innovation of this part. This part also introduce the western scholars' viewpoint about the basic theory of victim -offender mediation: balance theory, narrative theory and restore justice theory, focusing on comparing restorative justice and criminal justice and retributive justice of traditional criminal law.Chapterâ…¢is of the practice of victim -offender mediation in the West. This part introduced the practice pattern and procedures of victim -offender mediation in the West, and then conducted a comprehensive inspection to the practice effect of victim -offender mediation from psychological treatment, satisfaction, recidivism rate and the discharge rate. Here focus on the most worthy pattern to our country: the New Zealand pattern and German pattern.Chapterâ…£firstly comments Chinese practice of victim -offender mediation. The author hold that China has accumulated valuable experience for setting up victim -offender mediation system in nation wide through pilot, although there are still many shortcomings. Subsequently, the author analysis the obstacles might face in setting up victim -offender mediation system. There are concept barriers such as personal-based conflict with the State-based and misunderstanding of the function of penalty .There are obstacles in practice, such as the possible inequality in application of the law and providing favorable conditions for judicial corruption. Thus the author believe that the establishment of victim -offender mediation system in China should be careful .It should be the public's tolerance and social development of the legal system in line. On this basis, the author raised the initial proposal for setting up victim -offender mediation system, and also believes that alternative model is the most suitable model for China. In the application scope, China should gradually expand: from cases of light damage extended to all criminal cases may be sentenced to three years imprisonment, detention, control. Then the compensation to victims should be of one of the considerations in commutation and parole. From the perspective of protecting the interests of victim, the author tends to use broad victim -offender mediation. Finally, the author thinks the procurator and the court can be the mediation body.The conclusion summarized the main viewpoints.