Risk Assessment On Localization Of Victim-offender Reconciliation

Victim-offender reconciliation as a postmodern legal thought, based on the reflection and criticism to traditional criminal law system. Postmodern concept of the rule of law that the traditional concepts of criminal law is too obvious and absolute dominance of state authority, and annihilation of the individual in criminal justice status and aspirations. For the value of victim-offender reconciliation , author was inclined to support "restorative justice theory." "Restoration" refers to a series of judicial activities, efforts to restore the individual to the state before the crime and social order, including the content of the specific physical form to restore social order and relationships. The goal of restorative justice by the victim, offender and community exchanges and dialogue between members, so that the community sublimated to a more harmonious relationship, the ties between people stronger state. However, at present China's academic and practical understanding of the knowledge of the criminal world is also some confusion, even some bias. This situation is not conducive to the development of victim-offender reconciliation, is not conducive to building a complete and perfect victim-offender reconciliatio. Author spent about one-third the length of papers, which were outlined in the victim-offender reconciliation, and conducted a series of comparison, introduced victim-offender reconciliation the's origin, background, and its theoretical basis and practical model in Western countries. Then author made a further discussion of the risk of victim-offender reconciliation. The purpose of discussing the risk of victim-offender reconciliation, is not to against it. Autor hope that the victim-offender reconciliation conduct of risk, shown by its shortcomings, so as to help us further improve it, to build victim-offender reconciliation with Chinese characteristics to provide useful opinion.Author mainly used literature study, according to research purpose, access to victim-offender reconciliation through literature, a more comprehensive and accurate grasp of the writing paper of reference. Through this approach, the author learned about the history and current status of victim-offender reconciliation, define them clearly. Author also used descriptive research method, the existing situation, laws and theories, through their own understanding and verification, to describe and explain them. Describe different academic views on victim-offender reconciliation, comparison; the major countries of Western the practical experience of victim-offender reconciliation; reveal victim-offender reconciliation of risk in many ways. This form also can not do without thinking, the writing process is also the author induction, deduction, analogy, abstraction, speculative imagination, a thought process of comprehensive.This paper is divided into six main parts, first part is an overview of the victim-offender reconciliation; second part is the practice and judicial status of Western countries; The third part is the victim-offender reconciliation and the legal preservation of the criminal; The fourth part is the impact of victim-offender reconciliation and criminal substantive law theory; The fifth part is the risks of victim-offender reconciliation on operation in practice; The sixth is the lack of discretionary mechanism. Finally, the author proposes conclusion: conflict of interest and harmony of complicated, leading to victim-offender reconciliation's limitations, not a sound legal environment in China, especially in the criminal justice system defective the transplant of victim-offender reconciliation will be brought risk to make it function greatly reduced.