Criminal Settlement System Of The Origin Of Its Commence

Victim-offender mediation is a criminal justice mode which is recognized stage by stage recently. It claims to remedy legal benefit invaded by crimes and resume social order trespassed by misdeeds with the negotiation between victims and criminals. Generally speaking, victim-offender mediation was considered which originated from the criminal justice practice in western countries, especially in Canada. While as a matter of fact, from the aspects of its idealistic source, it can be traced back to personal-segmentation-compensation in ancient Primitive society, and its modal origin can be regressed to the personal settlement, a settlement for the dissension opposite to revenge in Primitive society. Although with the form of class society, the rights of penalty gradually monopolized by rulers' class, using victim-offender mediation to settle the dissension between them existed all the time and nowadays got a broad practice and comprehensive reorganization.Why Victim-offender mediation meets a strong renaissance in modern society? Actually with the view of evolvement in penal idea and criminal policy, it is a kind of historical inevitability. Victim-offender mediation came forth as things are diversified criminal ideas and penal systems can not effectively keep crime with limits, including retributive punishment, deterrent punishment, educative punishment and defensive punishment. In substance, Victim-offender mediation also is a forced release after failure of the controlling continuous rising crime. Victim-offender mediation was thought as appeasement doctrine and cynicism, is the withdraw goes against the crime, however its values correspond to the movement of victims-protection and non-confinement. Accordingly it has its historical inevitability to appear and rationality to existence.There are no direct rules about Victim-offender mediation in our existing law, but as an advanced criminal justice practice, we should absorb its advantage. And under the construction of harmonious society and facing the failure of "strike-hard" criminal policy, it processes the need and possibility to establish the Victim-offender mediation in our China. Naturally its establishment will encounter much impingement such as in conception, and taking all the impacts into the consideration is the necessary premise before we build our Victim-offender mediation.This paper consists of four chapters:Chapter one briefly introduces the definition, traits of Victim-offender mediation, and the relationship between Victim-offender mediation and restorative justice.Chapter two probes its historical inevitability mainly with the angle of penal idea's evolution; meanwhile demonstrates the movement of victim's protection also strongly promoting its popularity.Chapter three explores Victim-offender mediation's localization in china, which from two aspects, one is its emergent need under nowadays situation, and the other is its possibility to establish in china.Chapter four relates the potential challenges on legal system and our traditional ideology which brings with its establishment.