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Wait The Trauma Healing

Posted on:2009-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:B Z ZhengFull Text:PDF
GTID:2166360278954359Subject:Law
Abstract/Summary:PDF Full Text Request
The system of victim-offender mediation has been applied into practice in America and United Kingdom since the 1970s, its phylogeny has been more than thirty years. With the trend of reduction punishment, the said system has been accepted by many countries and regions. The retribution notion of the victim is not only the theoretical basis of our criminal law, but also the rationale of the victim's emotional balance. The development of criminal relief has experienced the secondary private interests force relief reaching the public force relief, the force relieves and private interests relieves the process strenuously pooling efforts to relieve the public. At present, victim-offender mediation in our country protects the victim thru relief thought theory by relying on the public force relief as a means to protect the loss of the victim. The combination of private and public relief will be the main method use in order to protect the victim. Our country has been drawing lessons correctly from the recovery notion, sending more main bodies in the society participating in the system in order to protect the victim; victim-offender mediation system is a product of recovery notion, a function of which is, it gives consideration to protect both the victim and the injured party, which values the balance between the victim's rights and author of the rights of the injured party, authority of the country and individual rights. The core of justice is not only making it up to the victim but also for the injured party to turn over a new leaf, making full recovery destroyed by crime, in order to maintain the harmony in our society . Due to the fact that our government has been paying too much attention on authority relief, it somehow neglected the rights of the victim. With the reform of our Justice System, it is necessary to make use of local order and law, introduce the method of the restorative justice to improve the victim's legal status, shift the visual focus from the country and the accused to the victim, the country and the accused. Moreover, based on the view of the victim, to unscramble the system of victim-offender mediation and further reform the system through face-to-face negotiation among the victim, the accused and the representative of the community, and make sure there are solutions to the cases. Therefore, this action will fully reflect the victim's rights and heal the victim's wound, restore the original harmony and sense of security. At the same time, this system also provides a chance for the accused to blend into the society again, which will play a proactive role in structuring a harmonious society.
Keywords/Search Tags:Criminal Victim, Restorative Justice, Victim-offender mediation
PDF Full Text Request
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