On The Advantages And Disadvantages Of The Program Of VOR

Victim-Offender-Reconciliation (VOR,abr) is a program that deals with criminal conflicts, and it means that the victim and the offender negotiate to solve the criminal case after a crime happens with the help of the mediator. It is one of the most important forms of the restorative justice that was gradually set up under the influence of two great trends of victim protection and offender restoration. The program of VOR contains the value idea of personal rights respect and expects that the benefit of the victim can be cared, the offender can return to society smoothly, and the community's benefit can be restored and balanced. Since it emerged, the program of VOR has been accepted by many countries, and has become a trend of the world's criminal justice reform.This thesis which uses historical reseach method and comparative analysis method, tries its best to investigate the program's advantages and disadvantages from mult-disciplinary angles that combines many disciplines such as Criminal Law, Criminology, Criminal Litigation Law, Criminal History, etc, and to analyse the feasibility and obstacle of the program's practical in China in the eyes of our national conditions. This paper includes four parts:The first part: the practical use of the program of VOR and its necessity in our country. This part explains the basic idea of the program of VOR, and introduces the development of the program, and points out that the program of VOR is necessary to China in the course of setting up the authority of law.The second part: the program of VOR's advantages . This part analyses the advantages of the program of VOR from the angles of the victim, the offender and the society, and explains that the program can be benefit to the victim protection and the offender restoration, further more, it can also do contribution to the harmony of the society. Finally, points out the special advantages of the program of VOR according to our national conditions.The third part: the program of VOR's disadvantages. According to analysing the basic principles of Criminal Law, the nature of the crime, and the victim and the offender's benefit protection, this part proves that the program of VOR violates three basic principles of modern Criminal Law to a large extent, does not realize the nature of the crime correctly, and there is also a possibility that the benefits of the victim and the offender can be damaged by the program. Finally, points out the special difficulties for the practical use of the program of VOR according to our national conditions.The conclusion part: based on the former analyses, this part puts forward that we should introduce the program properly, take measures to promote its advantages, and overcome its disadvantages,and at the same time, prospects the program's building in our country briefly.