Construction Of Victim-Offender Reconciliation System In China

The traditional criminal judicative is country-oriented but neglecting the protection of victim. In the western countries, the emergence of the victim study and the failure of the traditional jail correction system facilitated the VOR. It originated from a Conciliatory Plan of the victim and the offender in 1974 in Canada, then developed around the world. The victim-offender reconciliation is a new method of criminal dispute solution. It is a criminal procedure model with victim-centered and inflictor, victim and country participated structure. This system balances the benefits of the all parties of prosecution. It protects the legitimate rights of victim and makes make up the loss of property and emotional distress of victim. It is contributive to recovering the social relationship harmed by crime, keeping the harmony of society, making the criminal reconcile with the sociality and saving the judicial resource of our country. The system of VOR get more attention. Firstly, this article introduces the theory basic and the practical experience of VOR overseas; secondly, it analyzes the feasibility of establishing VOR in China; at last, it discuses the design of construction of VOR in China. This article consists of three chapters.Chapter one is the introduction of the system of the victim-offender reconciliation, including the conception, background, basic theory and practice of VOR in western countries for reference. Westerns thinks that the connotation of the victim-offender-reconciliation is that with the help of the mediator after the crime, it lets the victim to consult with the offender. The aim is to recover the social relationship destroyed by crime, make up the loss of the victim, make the offender return to society again. The learners of our country come up with their different conceptions of the victim-offender-reconciliation. After analyzing these connotations, author presents my own idea. The second paragraph introduces the basis theory of VOR: equilibrium theory, narrative theory, restorative justice theory. The third paragraph is survey of VOR system in western countries. It gives important reference for construction of VOR system in China. This Part first introduces the practice condition of the system in Germany, England, Newsland and France, then introduces the four modes of VOR, criminal community mediation model, transfer model, alternative model, justice model ,finally summarizes the characteristics of the system overseas.Chapter two is the foundation to establish VOR in China. Author analyzes the feasibility from four aspects: the theory of constructing a harmony society and our criminal policy including both loose and severe ,our harmony traditional culture, law basis and practical basis. We have harmonious traditional culture, the idea of avoiding the suit, mediation tradition and broad nongovernmental conciliation organizations. There is the system which is similar with VOR in our criminal system. Author demonstrates VOR does not contradict with principle guilt and punishment determined by law and principle of punishment suiting to crime. Our Present criminal judicial Practice shows that we have good social Practical bases in our country.Chapter three is the design of construction of Victim-Offender Reconciliation in China. This part is the core and purpose of the article. VOR means a lot in solving the social conflicts away , settling the social disputes and creating harmonious society. How to establish Chinese characteristic VOR system matching the present judicial system for crime deserves research. Author has a detailed discuss on the applicable conditions, applicable scope, applicable phases ,the mould of VOR, the Superintend system and Supporting measure. Author thinks that construction of Victim-Offender Reconciliation in China should progress step by step. VOR should run through all the criminal procedure with diverse modality. The mould of VOR can be classified two kinds. With the help of the Superintend system and Supporting measure, VOR can have its best advantage.Victim-offender-reconciliation has its unique value. VOR can realize the interests of both sides at best, eliminate contradictions, relieve judicature plight. With the trend of building harmonious society, system will have good development. Our country possesses the basis of applying VOR. There is not a perfect system in the word. VOR system has its own shortcoming. The design of construction of VOR system in China in my article needs improve.