The Research On Victim-Offender Reconciliation System

Victim-offender Reconciliation system is an important Disturbances Settlement Mechanism in Western country. It means that the victim and the offender negotiate to solve after a crime happens with the help of the mediator to reduce or waive offender's penalty. It balances interest of victims, offender and social. It protects the legitimate rights of victim and makes 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.As a new criminal system, victim-offender reconciliation system has quite different concept in contrast to the traditional criminal justice system .It recover the legal interest, resumes the victims' harm,and let the offender to return the society smoothly. It's extremely vital to resolve social contradictory, resolve the social dispute positively, maintenance social stability. This article is trying to find out its special system connotation and analyze both its functions and disadvantages .To achieve the desired results of the criminal settlement, specific norms of victim-offender reconciliation system must be founded. Base on Western philosophy and criminal settlement of Chinese political philosophy of a harmonious society,we draw on the useful experience of foreign countries, and in conjunction with the judicial practice of our country.In this paper,six aspects of the victim-offender reconciliation system are analyzed. At the first part of the article,it briefly outlines of the victim-offender reconciliation system. In the second part,it discusses the relationship between victim-offender reconciliation system and the criminal law.In the third part,it reveals the values of the victim-offender reconciliation system.The fourth part is mainly analysis of the criminal settlement system in our country and the difficulties encountered in judicial practice.The fifth part analyzes the main elements of the victim-offender reconciliation system.The last part put forward our proposal to build victim-offender reconciliation system in china.In short, from the judicial practice of view at this stage, the victim-offender reconciliation system is a worthwhile reference, the feasibility of transplanting system, in our country there is still a necessity and rationality. we should learn from the experience of western countries in implementing the system of victim-offender reconciliation system, establish system of victim-offender reconciliation to suit our judicial practice...