On The Harmonization Of Victim-Offender Reconciliation And The Fundamental Principles Of Criminal Law

Victim-offender reconciliation (VOR) is an innovative new legal system at depenalization, protecting victim, the criminals'returning to the society and so on. VOR meets the humanistic needs, goes well with the current pluralistic and democratization judicature, temporizes with the historical trend of constructing harmonious community, elevates judicature efficiency, and can greatly release judicature knottiness. The fundamental principles of criminal law are significant principles that should be desiderated abide by in criminal judicature. However in the whole period of introducing and developing of VOR, the academic circle bias-sight stresses on discussing the value as well as theoretical constitution of VOR, but the research about the relationship between them is insufficiently detailed, and makes the theory quite weak at systematicness and completeness. The relationship between the fundamental principles of criminal law and VOR is a necessary theory to perfecting VOR, in view of this great value, this article is meant to thorough investigation from the angle of theoretical research. First, this article thoroughly discusses the existing conflicts between them, and looks breakthrough for harmonizing the relationship between the fundamental principles of criminal law and VOR through perceiving this academic challenge; Then on the base of this elaborates the existing possibility of harmonizing, finds out the conclusion that harmony holds dominant position; Finally, puts forward specific instigations to how to harmonize them, and hopes for to benefit at considering VOR reasoningly and impersonally, improving VOR, reducing conflicts with the fundamental principles of criminal law, resolving the material questions in the course of VOR metropolitan and speeding up criminal monocracy construction of China.