Research On Victim-offender Reconciliation Procedure

The victim-offender reconciliation as a new type of criminal dispute resolution methods, focusing on human values, fully embodied the humanitarian care. The article analyzes the procedural law valuation of criminal reconciliation from the concept of the criminal settlement and the nature of its theoretical basics. On this basis, settlement system in our criminal justice system has been proposed and designed specifically to run.This article consists of four chapters, about 30000 words.Chapter one is analysis of criminal reconciliation process value. About the value of criminal reconciliation, domestic and foreign scholars have conducted in-depth research, including: reconciliation is conducive to fully realizing the purpose of criminal penalty, is conducive to achieving fairness and efficiency, is conducive to reflecting the criminal deeds of the spirit. The traditional criminal justice process biased towards the protection of the defendant and ignored the interests of victims. The emergence of the criminal settlement made up for this shortfall. The purpose of reconciliation from the criminal perspective, it not only emphasizes the rights of defendants, but also focus on the realization of interests of victims, fully reflected the fair value. In addition, criminal settlement based on the concept of harmony and pursuits the harmony between man and society. The purpose of reconciliation is to restore the damaged social relations responsibility, which fully reflects the value of justice. Compared with other dispute resolutions, reconciliation, as the value of the efficiency, spent a smaller cost of judicial resources in a short time, to obtain a more ideal target. First of all, criminal reconciliation had effectively improved the efficiency of some less serious cases, and saved the cost of judicial resource. Second, the criminal reconciliation is conducive to the perpetrators return to society, and make due contributions to society. Finally, the criminal reconciliation promoted to the optimal allocation of judicial resources. In addition, criminal settlement also has a program Modesty value. The criminal settlement system provides a platform for the parties to exchange ideas, and to reach an agreement. After the completion of agreement, the proceedings should be terminated. This way not only saves judicial resources, but also protects the human rights of the parties. So it is beneficial to achieve the desired results. However, nothing is perfect, the criminal settlement is no exception. The main shortcoming of criminal settlement procedures is the lack of a unified standard for specific operations. What we should do is to design criminal conciliation procedure which meets China's national conditions.Chapter two is mode selection of criminal reconciliation. At present, there are four prevalent criminal reconciliation models in Western countries: community mediation model, diversion model, alternative models and models of justice. There are some referential significance to China's criminal settlement mode selection. There are three patterns in China's practice of criminal settlement: defendant side - the victim side model and mode of the judiciary to promote and commission model. Through comparative analysis, I believe that can be used defendant side - the victim side attach reconciliation and the judiciary promote peace. If both sides are conscious of reconciliation, they could attach an agreement. If there is no reconciliation and awareness, the judiciary should contribute two parties to reach reconciliation. This will not only compensate for harm side - the victim side of the lack of self-settlement patterns, and also avoid the mode of judiciary to promote to get into a tough position.Chapter three is on Construction of the criminal reconciliation process. The first is the start of criminal reconciliation. Victims, defendants, both parties are legally represented, defender (to enter the trial phase), legal representative (minor cases), investigation, prosecution, judicial settlement can be made a criminal subject, and the criminal reconciliation investigation, prosecution. The trial can be made at all stages. Different stages of settlement body should be assumed by the public authority. I propose the launch period of the criminal settlement in 3-5 days, a maximum of 7 days. If the period is too long, it will lead to an infinite duration, so the efficiency of the criminal settlement value can not be realized. Second is the preparation of criminal reconciliation. At this stage, the host of reconciliation is essential. The main task of moderator is building trust and relationship between defendants and victims. Then they listen to both sides of the terms of the settlement. Reconciliation moderator should inform the parties of reconciliation procedures and requirements as well as the results of reconciliation. They should be positive to answer the questions, and continue to create conditions for reconciliation. If necessary, they should analyze reasonable expectation of reconciliation and loss estimate. Compatible with the start of the review period, the preparation period is not too long. I believe that the period of reconciliation should not be more than three days to prepare. Third is a statement of the consultative process. Although the settlement of foreign criminal procedural norms is relatively mature and perfect. There are certain reference significance to our country. However, we can not copy the model of abroad. We should combine with our judicial practice to design a suitable procedure. They are:Moderator introduced, defendant statements, victim statements, victim request, consultation, reconciliation agreement. And then the public authorities review the monitoring process from the following aspects: the voluntariness of the parties, sincere repentance of the perpetrators,the legal rationality of the criminal settlement agreement, examination and supervision of the conciliation proceedings, the existence of judicial corruption. Fourth is the implementation of the criminal settlement. If the criminal settlement agreement took effect, the defendants should compensate victims based on the settlement agreement. Last is the relief mechanism of criminal settlement. It is necessary to make some rules to prevent both parties pulling back the settlement agreement.Chapter four is criminal reconciliation procedural safeguards. In order to protect the proper functioning of the criminal settlement procedures, it needs to establish a series of related supporting systems. It is not isolated for any operation of the system, and only to match the interaction with the relevant system in order to achieve the appropriate purpose. For the smooth functioning of the criminal settlement procedure, they should establish and perfect the following system: establish and perfect the system of the staying prosecution, establish and improve the national compensation system for victims, establish and perfect the supervision system, establish the docking mechanism of criminal settlement with Community Correction.Criminal settlement should keep trying in the social practice, and gradually improve the operational mechanism of China's Criminal reconciliation in the constant attempt. The maturity of our criminal reconciliation system also need to collective wisdom and practical experience. We should take seriously about the criminal reconciliation procedure, I think our criminal settlement system would be better.