Criminal Reconciliation System

vVictim-offender Reconciliation (VOR, abr) is a kind of new criminal thought whichoriginates from the western countries, also is called the reconciliation of the victim andthe offender, the conference of the victim and the offender, the litigant mediation or therestorative justice consult. The victim-offender reconciliation (victim-offender mediation)appears as a brand new model of handling crimes, which has the following advantages:diverse the cases, satisfy different parties, conciliate the conflicts between the offendersand the victims and so on, it can make up the present criminal judicature system'sinsufficiency and the flaw, researching on the victim-offender reconciliation system hasimportant significance to consummate our criminal judicature system. Although thevictim-offender reconciliation had several dozens years development history in westerncountries, it means a newly emerging things to our country, it brings challenges for ourtraditional criminal justice pattern.The VOR system and theory contains many kind of values about balance protectionsuch as the victim restoration, the offender restoration and the society restoration and soon, it is a creative system on non-penalty, protection of victims and the socialization ofperpetrators. In the western countries, the emergence of the victim study and the failureof the traditional jail correction system facilitated the VOR, it originated from aconciliatory plan of the victim and the offender in Canada in 70's, then the VORdeveloped all around the world.The reason of the development of the VOR in the western countries is the importanttheoretic bases such as equity theory, narrative theory, restorative justice theory. And therestorative justice theory is regarded as the VOR'S essence theory, it balances thebenefits of the offender, the victim and the society, provides an ideal way for human tolook for the restorative balance beside the criminal law, it has the individual judicialfunction compared to the traditional criminal justice pattern.As a new criminal thought around the world, the VOR has many kinds of values, inview of the values such as the justice value, efficiency value and softening the compulsory of the criminal law,emphasis the intolerance of the criminal law, the VORcan redeem the insufficiency of the criminal investigation pattern, manifests the thoughtof "humanist", can advance the criminal prosecution democratization, conforms to thereforming direction of the penalty, is the need of the penalty leisurely, represent the lightpunishment tendency in the world, thus provide the powerful value theory support for usto transplant the VOR. But objectively said, there are the disputes about the VOR in thetheory and the disadvantage factors affect it in the practice, this will be the biggestbarriers in the developing process, it is we have to face.In western countries, the VOR has 4 practical modes, community model,diversionmodel,alternative model and justice model. The main contents conclude the operationcondition and its general procedure. On the basis of most countries practice, the VORprocedure concludes the stage of proposing and accepts of cases, the preparatory stage,the conciliatory stage, the following stage. There is the system which is similar with theVOR in our present criminal prosecution, but there is essential difference between them.The practice which is similar with the VOR in our present judicial practice shows that wehave good social practical bases in our country, the VOR system will have a boardprospects for development.On the basis of many kinds of values, we can know the necessity of the establishmentof the VOR in China, and we have the system foundation,the thought foundation,policybasis, there have appeared the embryonic form of the VOR in the judicial practice insomeplace, which provides the feasibility of the introduction of the VOR in China. ForConsummating our criminal judicial system, we should make the bold establishment ofthe VOR in China. At last the writer propose the suggestion about the applying scope,applying stage, suitable prerequisite, management institution, starting procedure, judicialsurveillance of the VOR if China choose to build up such a system.