Studies On Victim-offender Reconciliation System

As a newly sprouted processing mode for crimes that emerging in the middle of last century, victim -offender reconciliation, rising and developing under the direct impetus of the thoughts of protecting the victims and recovery of criminals, is the product of new criminal ideas and change of legal value views in western countries and a fundamental constitutional part of western criminal judicial reform. As a mode of dealing with criminal disputes in recent years, victim -offender reconciliation has been continuously drawing the attention of theoretical researchers, and its idea has been widely accepted and put into practices by most of the countries and regions throughout the world. The sharply increasing criminal rate during the transforming period in China currently has issued a challenge to the traditional procedural mode and procedural rate. Therefore, studies on criminal reconciliation system have great theoretical and practical significance on perfecting the criminal law in China. China has a historical tradition that harmony is a virtue; based on the national conditions in China, the proper introduction of victim -offender reconciliation has great effect on perfecting our legal system and improving the rate of solved cases.In foreign countries, especially in European and American countries, the experience of using victim -offender reconciliation to deal with light criminal cases is very abundant and there is legislation for victim -offender reconciliation in Germany. However, in such cities of China as Beijing and so on, the victim -offender reconciliation has just been initiated and launched. Although there are some studies on victim -offender reconciliation system among academic circles, the studies are not profound and deep enough. Moreover, the specific mode of constructing victim -offender reconciliation system in China has been warmly debated with great disputes and there is not a unified idea yet. Divided into three parts, this paper analyzes the mode of victim -offender reconciliation in foreign countries through discussing the origin, theoretical bases and development conditions of victim -offender reconciliation in European and American countries and attaches great importance on introducing the historical tradition of victim -offender reconciliation in China and the experiences of applying victim -offender reconciliation into practice throughout China. In combination with the national conditions of China, this paper put forward the assumptions for constructing the mode of victim -offender reconciliation system in China on the basis of actuality and feasibility of the application of victim -offender reconciliation in China.