The Study On Victim-Offender-Reconciliation

Victim-offender-reconciliation is a new kind of criminal thought in the western countries, its destination is to fetch up the deficiency of protecting the victim's right, rebuilding the inflicter after the delict and the litigation efficiency. It is considered as choosing theory to balance the social conflict and relieve the criminal victim's right, under the theory of diversity value in criminal litigation. The proper victim-offender-reconciliation system have not exist in our country's criminal justice domain, so it is of use for reference meaning to consummate our justice system. In the article, by the way of history and compare, the value of the victim-offender-reconciliation system is analyzed; Aimed at the arisen problem and the deficiency in our present criminal justice system, some countermeasures and suggestions is brought forward on the base of using the mature western furbish justice practice for reference, to sufficiently exert its function of solve the problem of criminal delict legality and in reason. There four parts in the article:The basic theory of victim-offender-reconciliation system is discussed in part one. The background of victim-offender-reconciliation system is introduced as well as the theory gist and the value. By rooting back to its origin , analyzing its engender, the reason of forming, and studying its base and value, we can acquaint ourselves with the system in all angles of view. The practice of victim-offender-reconciliation system is reviewing in part two. By reviewing the practice of victim-offender-reconciliation in German, France, England and New Zealand, it provide us beneficiary use for reference. The needy and feasibility of victim-offender-reconciliation system in our country is discussed in part three. By reviewing the justice practice in our country, the writer probes into the reason of constructing the victim-offender-reconciliation system and the feasibility of constructing the victim-offender-reconciliation system in China. Part four is the key part in the article , constructing the victim-offender-reconciliation system is discussed. It mainly discussed the applicable element, the material operation procedure and the disposal form after the victim-offender-reconciliation are discussed, as well as the supervision of the victim-offender-reconciliation and the relieving.