Victim-Offender-Reconciliation In The Perspective Of The Criminal Policy Of Tempering Justice With Mercy

At present, China is in the social transformation period, with a high crime rate because of the diversification of individual interest and complication of social contradiction. In view of current situation, the PCC puts forward a magnificent strategy goal: to build a harmonious society, and requires judicial organs at all levels to make a careful analysis of causes of social conflicts, so as to solve contradiction and promote the harmony by the greatest extent. In order to achieve the goal, in the criminal judicature field the PCC comes up with the criminal policy of tempering justice with mercy, emphasizes multiplex criminal dispute resolution, attaches great importance to the right of litigants, improves degree of satisfaction of case settlement and promote harmony finally. Generally speaking, the criminal reconciliation attaches importance to protecting the right of victims, stresses the importance of negotiation and dialogue between litigants to solve the dispute, and advocates to resuming the initial harmonious relations. Without any doubt, these judicial ideas agree with the connotation and value of harmonious society and incarnate the criminal policy of tempering justice with mercy. The value of criminal reconciliation which can separate litigation, save justice cost and meet the victim's interest is appreciated by justice department. All justice departments throughout the country are practicing the criminal reconciliation with their own ways, and attempt to mitigate judicial tense resource and the overcrowded situation in prisons. However, the current legislation is short of unified standard for criminal reconciliation, differences of understanding for criminal reconciliation exist in judicial practice, so the situation happens from time to time that result in different settlement even in similar cases. Therefore, it is necessary to make a deep research on basic theories about criminal reconciliation.The paper is divided into three parts: introduction, text and epilogue. With such methods as comprehensive analysis and abstract generalization, the paper does a theoretical exploration of criminal reconciliation system, with a hope of providing some useful references for judicial practice.The first part is about the introduction of criminal reconciliation. This section demonstrates the concept, character and background in detail. The criminal reconciliation which is a way of ADR has developed and spread,after the emergence and development of the idea of protecting human rights , the victim study and the rise of restorative justice movement.The second part is about the value and theoretical basis of criminal reconciliation. The criminal reconciliation can separate litigation, promote litigation efficiency, meet the victim's interest, help the suspect make a flesh start and promote the social harmony. Its emergence and development are on the basis of culture of harmony and criminal policy of victim-offender-reconciliation. Criminal reconciliation reflects the ultimate goal of justice. The revival of criminal reconciliation has a strong cultural foundation, and reflects the theory of harmonious society and the criminal policy of tempering justice with mercy.The third part is about to build the criminal reconciliation rationally under the criminal policy of tempering justice with mercy, makes a overall analysis on scope, condition, subject, procedure, model and legal force.