Criminal Settlement System

The Victim—offender Mediation system was put forward by the foundation of evaluating the western system of the Victim—offender Mediation and introspecting the current judicial fulfillment in our country. The Victim—offender Mediation system means the agreement of the system of the commit and the victim. It generally means to solve the dispute and conflict under the accommodator's help by consultating directly and mutually between the commit and the victim after the crime. The purpose is to repair the broken relation of offender and the victim because of the criminal offence, and, therefore, make the criminal return to the society. Its body reflects the values of the system for protecting the legal rights of the commit and the victim, having the realistic meaning for the construction Harmonious society of socialism.The paper includes three parts. It developes the definition and the basic theories of the system , and the inevitability of the establishment of the Victim—offender Mediation system in our country, also the speculation of the establishment of the system . The paper relates the judicial principle involveded in the establishment process . The first part gives a brief account of the basic theories of the system, and the author introduces the definiton of the on the basis of the creation, development and the theoretical origins of the system . The author holds that the Victim—offender Mediation comes after the crime, and the accommodator acts as the third party, who makes the commit and victims and communities representatives talk directly to solve the pertaining to crime dispute. Its purpose is for the sake of instauration of the broken society relation by the commit, making up the relation between the commit and victim, making the offender to returnn to the society, and suppressing the social conflict. The Victim—offender Mediation system looks after the dual protection function of the legal rights of the victim and the commit, not only contributing to the commit's correcting and returning to the society, but also contributing to cure the victim's mental wound, which leads to the instauration of the harmonious of the social relation. The Victim—offender Mediation system is different from the the intermediation, different from arguement to tell the bargain, different from " private", and the installation judicatory dissimilarity. It has its own characteristics, It points out that it has no law principl conflict with the orientation of the offense and penalty and the offense penalty. The second part analyzes the inevitability of the establishment of the system in our country , through analyzing the foundation and the basis of the system . The part also carries on analysis to elaborate the foundation of the Victim—offender Mediation system in social foundation, cultural foundation, thought foundation, law foundation, value foundation etc. The paper developes the basis on the actuality and law . The third part reaches the speculation to carry on the system in our country.According to the present judicial condion, the author puts forward the concrete project of the Victim—offender Mediation system on the mode, application condition, people who are likely to be involved and scopes, the stage, the procedure and resolution way, the legal effect,etc.Because of the influence of the constitution , the litigation system and the litigation culture, the Victim—offender Mediation system faces some predicaments. But the pertaining to crime reach agreement has more deep social effects since it is human-oriented. Therefore, we should make a further consideration on the deeper theorietical research to the reasonableness of the system , in order to make the establishment of the system have deeper realistic meaning in building up the harmonious society in our country.