The Research On Victim-offender Reconciliation Of The Prosecution Stage

The victim-offender reconciliation can be defined as, in the criminal detection, or the criminal prosecution, or the trial process, the offender of particular range case's signed a legal statement in order to reach a agreement by the form of repents, apologizes, the compensation or free service to the community to obtain victim's forgiveness, then the victim can request or agree the Judicial organ treats the offender leniently, the public security Judicial organ carried on the supervision. As one kind of beneficial supplement to the present criminal justice system's, the victim-offender reconciliation will be advantageous to the offender to acknowledge guilt and repent sincerely, and soon to return the society; and will be advantageous to make up the material loss, and to cicatrize the mental anguish of the victim; and will be advantageous to melt the contradiction, to promote the harmonious in the community; and will be advantageous to saves the judicial resources in the public security Judicial organ, in order to raise the lawsuit efficiency. As one kind of newly emerging things, the victim-offender reconciliation has started an upsurge in the criminal theorists and the judicial practical realm in our country. Specially in the prosecution stage, many area's Procuratorial agencies in our nation has formulated the detail stipulation about the victim-offender reconciliation, and utilize in reality, and has obtained the good results. But the victim-offender reconciliation theory's just started, so the theorists have different understanding to the victim-offender reconciliation, in the judicial practice the regional procuratorates also have the dissimilar stipulation to the victim-offender reconciliation,this situation brings certain confusion and chaotic to use the victim-offender reconciliation. Therefore it already was the urgent matter to understand the victim-offender reconciliation deeply in the theoretical point, to formulate the unified victim-offender reconciliation standard as soon as possible, and to integrate the victim-offender reconciliation standardized, sequenced and legalized. This article in line with the above goal, tries hard from the prosecution stage angle of view to embark, and analyse and discuss the problem of using the victim-offender reconciliation at present in the regional Procuratorial agency, and based on above to propose concrete conception about the using of victim-offender reconciliation in the prosecution stage.This article besides the introduction and the conclusion, altogether divides into three parts. The first part, the author will introduce the victim-offender reconciliation from the macroscopic point, and analyze the victim-offender reconciliation's concept, the background and the value. The author induced approximately to the victim-offender reconciliation's definition for the system theory, the agreement theory and the activity theory, and proposed the victim-offender reconciliation should have four essential factors: main body essential factor, time essential factor, subjective essential factor, evidence essential factor and case essential factor; then introduced separately the background of western country's victim-offender reconciliation and our country's background of introduction thevictim-offender reconciliation. The western country's background foundation of victim-offender reconciliation is established by the ideological trend of criminal victim protection and the imprisonment, the correction policy's defeat; but the Chinese introduction criminal reconciliation is in "peaces is precious" by the harmonious social idea and the wide and strict criminal justice policy's background under the traditional culture background. Finally, the author from the victim-offender reconciliation's object of value: the offender, the victim, the community and the national judicature's angle to elaborate the victim-offender reconciliation value separately.In the second part, it will introduce the basic situation of criminal reconciliation from the intermediate perspective. First, the author chooses Beijing, Shanghai, Chongqing, Zhejiang, Anhui and Hunan six model areas, and outlines the beneficial exploration of the regional Procuratorial agency to the victim-offender reconciliation; Next, based on above the author will explain the predicament of victim-offender reconciliation from six aspects separately, that is the not unified understanding about the victim-offender reconciliation and the criminal law principle relations, the understanding and the stipulation of right "minor criminal case" are not explicit, the way of offender undertakes responsibility is unitary, it's difficult to realize both parties' consulting with each other face-to-face, reconciles presider's understanding and the stipulation to the criminal activity is not unified, and the Procuratorial agency the difficult position which inconsistent and so on.In the third part, the author tries hard from the microscopic stratification plane to propose the concrete construction of the victim-offender reconciliation in the prosecution stage. Mainly begins from four aspects: the first aspect, the victim-offender reconciliation case's applicable scope definition for the minor criminal case and the minor criminal case, and give a simple discussion about whether or not to apply the victim-offender reconciliation to the grave offense case, in view of the fact that this question's complexity and author theoretical level's limited, raises only supplies the reference; In the limits criminal activity reconciliation case's suitable condition aspect, the induction is four conditions: First, the brass tacks are clear, the primary evidence is full; second, the offender makes the guilty reply; third, the both parties carry on the reconciliation voluntarily; fourth, does not violate the law, does not harm the social public interest and other people benefit; What argues hotly is the third aspect: Who takes on the victim-offender reconciliation presider. It Always has two viewpoints: the Procuratorial agency suits to take on the presider and the people Redressing committee suits to take on the presider, the author advocated to take the victim-offender reconciliation by the Redressing committee as the presider, and gives essential and the thorough analysis; Finally the author will propose the concrete program design at the same time about the victim-offender reconciliation in the prosecution stage and launch gradually separately with several stages, the victim-offender reconciliation preparatory stage, official victim-offender reconciliation stage, and the victim-offender reconciliation following stage.