A Study On Building Our Victim-offender Mediation System

As the reform becomes more and more deeply, the comprehensive national strength of our country has risen obviously. However, it brings many conflicts. Our central party and government require us to envisage and solve problems and accelerate the harmonious of the whole society. As western victim-offender mediation theory conforms to the current opportunity to build a harmonious society, and more and more of our criminal law theory and practice field cry up it. If the system will use for reference by China in conjunction with the specific national conditions appropriate transformation for properly resolving social conflicts, and actively solving social disputes and maintaining social stability is undoubtedly of great significance and will contribute significantly to China's socialist harmonious society construction. This article argues from the victim-offender mediation system and the origin of the concept; victim-offender mediation system of values; of China's implementation of the victim-offender mediation feasibility factors; victim-offender mediation system for the design of the following four aspects.I. Victim-offender mediation system is the creation of the Western Criminal Law and began in the 1970s in Canada. In fact, as early as in ancient China, there is similar to the victim-offender mediation related to the system. Based on the current Qualcomm, victim-offender mediation restored justice by the theoretical system of the theory of equilibrium theory and narrative theory. Theory of justice is one of the resumption of victim-offender mediation at the core theory. Theories attempt to restore justice to the victims of psychological rehabilitation, reconstruction targeted to the whole concept of justice based on the early restoration of social norms to the reconstruction of the crime to respond to contemporary. Victim-offender mediation, refers to the adoption of a mediator to enable victims and perpetrators of direct conversation, the common consensus reached by the compensation settlement agreement economy, the judiciary was made in accordance with specific conditions conducive to the disposal of the perpetrators of criminal proceedings, including economic compensation reconciliation and disposal of the two criminal proceedings. In the reconciliation process, the victims and perpetrators can be fully explained to them the impact of crime and criminal responsibility for the views, and so on, the two sides agree to choose the programs to make up for the damage caused by crime; in disposed of criminal responsibility, the perpetrators can obtain a lighter, to reduce or waive penalties. the aim is restoring the damaged social relationships, making up for the harm suffered by victims, perpetrators and victims in order to restore harmony of the relationship between the perpetrators and turn over a new leaf Return to society.II. Victim-offender mediation system has a value of four aspects. First of all, it helps to protect the many party's interest. The first is to enhance the protection of the interests of the victims. The second is conducive to the protection of the legitimate interests of the perpetrators and re-socialization. The third is the embodiment of protecting the public interest. Secondly, victim-offender mediation can save judicial resources. Victim-offender mediation takes less time to avoid the case in the investigation, prosecution, trial, the judicial aspects of the implementation of the expenditure of resources, greatly saves judicial resources. Third, victim-offender mediation can improve the efficiency of the judiciary. Judicial practice, minor offenses there is a large number of criminal cases; the application of victim-offender mediation; the judiciary can be made quickly to deal with legal and reasonable. Finally, victim-offender mediation can be effective in preventing crime. For a long time, our country led to a sentence of imprisonment penalty system that only imprisonment for offenders, their use of forced labor in order to achieve the transformation. Practice has proved that the system can not completely curb crime again. Victim-offender mediation on the Offender is a transparent and impartial dispute settlement mechanism, through face-to-face with the victims of emotional interaction. The perpetrators can to some extent achieve transposition thinking, give rise to social, psychological guilt of the victim of benign. It also raised the efficiency of the prevention of recidivism.III. The implementation of our victim-offender mediation has four feasible factors. First, it has a deep historical and cultural soil. For thousands of years, Confucianism, Taoism, and so on have advocated the thought of harmony and integration. Shanxi, Gansu and Ningxia area have created a system of criminal mediation (settlement) system in early 1940's. In recent years, the Supreme Court also requires all levels of courts in adjudicating cases and should pay attention to the mediation, to balance things in the case. Strictness with looseness is the second phase of the criminal. Economic policies also reflect the victim-offender mediation. Compensation for victims of crime are active material losses, compensation for victims of mental injury, which is an indication of its Personal Dangerousness reduced to a certain extent, a result of its leniency is in line with China's criminal policy, which And also the victim-offender mediation system in line with the requirements. Third, the existing system of community correction is the practice of victim-offender mediation basis. Adopted by the community correction mode, to reach victim-offender mediation could lead to no longer start or termination of the crime Criminal prosecution, the offender has been convicted in order to avoid punishment for their negative impact, to make them more vulnerable to re-socialization. Fourth, the existing legislation is the victim-offender mediation on the basis of the system. Victim-offender mediation system in a number of content shows our criminal substantive and procedural laws in both embodiment of all these victim-offender mediation for the implementation of the system to provide the foundation.IV. The establishment of victim-offender mediation system should take full account of victim-offender mediation in accordance with the nature of the legislation will be in the victim-offender mediation as a legal system be provided and the corresponding increase in the procedural norms. The application of victim-offender mediation, should have the three conditions which current academic says (that is, the perpetrators guilty of reply; both voluntary; the principle of legality) and should also have two elements: First, the victim-offender mediation in the case of the facts are clear and adequate evidence-based, so as to the defendant to plead guilty to voluntary exception; Second, the offender Personal dangerousness personal dangerousness smaller or not. Victim-offender mediation of the scope of application can be defined from different angles. From the point of view the type of crime, victim-offender mediation system should be applied only for personal benefit of the criminal law, victims of crime is a natural person; penalty from the scale point of view, victim-offender mediation system should be applied to less serious, such as punishment for three years imprisonment, criminal detention or control of crime; from the point of view the type of offender, victim-offender mediation system should be limited to minor criminal offense, as well as adults in civil disputes arising as a result, the subjective vicious small, easy to transform the object. In the phase of investigation, prosecution and trial victim-offender mediation may be applicable to all and give full play to the victim-offender mediation of the superiority of the system. In the investigation stage, the public security organs should be given to a small number of criminal cases reached a settlement deal with the right to review, but Should not be too broad scope, should be limited to minor criminal cases, such as light injury cases, such as pieces of traffic cause trouble cases; in the prosecution stage, the public security organs that can mediate, the prosecution can track a decision on whether to mediation by the public security organs, by mutual reconciliation By public security organs to make a decision of withdraw the cases, they shall be reported to prosecutors for the record. The prosecution has a case, the court may recommend to the light of the accused, to reduce or waive penalties. Comply with the conditions not to prosecute the accused, according to the law to make the decision not to prosecute, at the same time as soon as possible in the legislation to establish a system to suspend the prosecution; victim-offender mediation In the phase of the trial after the settlement can not be held criminally prosecuted for criminal responsibility and reconciliation after a lighter punishment, but two ways to implement this. When the second instance can also be applied to victim-offender mediation, but should be strictly controlled by the People's Mediation Committee to act as a mediator. In the public security cases and found the case to start with the conditions, it should inform the victims or perpetrators in the area, home to the people's mediation committee chaired by the victim and offender reconciliation, to reach a settlement agreement , Should be reported to the appropriate authorities for the record. Legislature should be given to the victim-offender mediation mandatory binding agreement, that is, the victim-offender mediation, once reached, would produce the force of law in order to prevent the parties to go back. At the same time, it should establish and improve the supervision and prevention system.