Criminal Reconciliation System Research And Construction

Victim-offender-reconciliation means that the victim and the offender negotiate to solve the criminal case with the help of the mediator after a crime happens ,it is one of main forms of the restorative justice theory .The restorative justice contains the victim, the offender and the community's benefit restoration and balance. It's idea is restoring the justice It intents to achieve the restorative end by restorative procedure It's value idea advocates to respect the personal rights and interest, and it creates a new kind of way to solve the benefit confliction, it's vital significance to prefect criminal justicature system in our country to, and to meet the populace's need if we study it.This thesis uses historical research method and valuable analysis method, investigates the system from mutt-disciplinary angles that combines such as criminal law, criminology, criminal litigation law, etc.Put forward the basic assumptions though using the experiences from aboard and analysis the necessity and feasibility of constructing the system. This paper includes five chapters. Chapter one introduced the theoretical foundation. Chapter two introduced the value of Victim-offender Reconciliation system. Trace back to the origin of the system, analyzed the reason of foundation and development, research the theoretical foundation and value, all this offered a more Omni-direction angle for our knowledge of the system. Chapter three mainly introduced the practical mode of New Zealand, Germany, the United Kingdom, and the United States and evaluates their effects. It offered an important reference for the construction of the system of our country through the investigation of foreign countries. Chapter four is the part of the thesis, First of all, expatiate the necessity that introduction from the purpose of achieving the penalty, the need for democratization of criminal proceedings, in accordance with direction of penal reform, the need for light penalty, and so on. Secondly, discusses the feasibility of the system of constructing in our country by analyzing the obstacles that the system might meet and advantaged conditions. Chapter four proposed the basic assumption of setting up the VOR system, including the basic principles, the application of range and object, procedures and effectiveness of the agreement, etc.