Studies Of Some Issues On The Victim-Offender Reconciliation System Under The Vision Of The Human Rights Protection

Over the years, countries have the exclusive power to prosecute crimes. However, there are some types of crimes by which only those individual rights are violated. Those crimes are not very harmful to the society and those offenders are not very vicious. So, from the perspective of human rights theory, the two parties of the criminal disputes-victim and offender should have the right of choosing the resolution procedures of those criminal disputes. On the other hand, the consequences of criminal acts not only include the physical and spiritual losses of victims, but also include the losses of the offenders. Therefore, during the prosecution of crimes, criminal law should pay attention to make up for the damages and losses of victims and offenders caused by the criminal acts. In order to meet the needs of the protection of human rights above, victim-offender reconciliation ("VOR") has been widely used in many countries around the world and has become a trend. Based on the concept of the protection of human rights, the author made deep analysis of the human rights protection's value of the victim-offender reconciliation and made attempt to propose some ideas about the establishment of the victim-offender reconciliation system in China.There are five chapters in the whole thesis except the Introduction (Chapterâ… ) and the Conclusion (Chapterâ…¦). Chapterâ…¡introduced the concept, the background and the development history of the "VOR". In Chapterâ…¢, the author analyzed and demonstrated the specific links between the "VOR" and the protection of the human rights on the basis of "dignity, freedom, interest" which are the three elements of human rights. Chapter IV and Chapter V, the author respectively introduced the status of the "VOR" at home and abroad, analyzed the characteristics of the "VOR" in foreign countries and pointed out the shortcomings of the "VOR" in China. In Chapter VI, from the perspective of the human rights protection of the victim and offender, the authors put forward the specific ideas about the establishment of the "VOR" system in China, such as the scope and application stage of the "VOR".