Investigation Of Criminal Mediation In China

With the progress of global integration, Victim-Offender Mediation system in Western countries are generally applicable in the criminal settlement.It began step into the national perspective, more and more scholars and the judiciary began to study and practice of the Victim-Offender Mediation system in China to apply. October 2006, the Hunan Provincial People's law justice department issued the first in the country "on the handling of the Victim-Offender Mediation case and the Victim-Offender Mediation system settlement (Trial). Although this provision is only applicable within the department of Hunan law the prosecution. it is no doubt that the introduction of China opened a prelude to the development of the Victim-Offender Mediation system and caused a sensation in the country, more and more scholars step into the research of the theory of the Victim-Offender Mediation system, other areas of the judiciary have also started local characteristics of the Victim-Offender Mediation system for exploration. I believe that, although the specific mode of operation throughout is different in their judicial authorities, they have the same spirit of the kernel. Criminal settlement system is designed to help people through the neutral mediator, through dialogue, crime and victims negotiated settlement of their criminal disputes. Through dialogue, to the victim.It gives victim an angry feelings outlet in order to compensate for the maximum because of the psychological trauma suffered by crime, material compensation settlement agreement more favorable compensation for material losses of victims. To Victims, through Victim-Offender Mediation system can lead to the real understanding of the nature of their actions, and the losses caused by the victims and mental suffering could be compensate,and could be benefit for their education. Criminal settlement system is designed to help people through the neutral mediator, through dialogue, crime and victims negotiated settlement in criminal disputes. Through dialogue, to the victims of an angry feelings outlet, in order to compensate for the maximum because of the psychological trauma suffered by crime, material compensation settlement agreement and more favorable compensation for material losses of victims. Through the criminal settlement, Victims could really understand the outing of the nature of their actions, and the outing of the losses caused to the victims and mental suffering caused by the crimes. This is the reason why the author of reconciliation in our country for the criminal who support the views of the Victim-Offender Mediation system.Of course, the criminal settlement system research in China has just started, yet there is no uniform legislative norms to guide exploration over time, which leading to the criminal over to explore the process of reconciliation system lead out the emergences in lots of face. But I firmly believe that the legislature with referent laws and regulations concerning the introduction of the Victim-Offender Mediation system and the development of criminal laws and regulations will correctly guide the Victim-Offender Mediation system healthy development in the future.In this paper the author presented some advice of Victim-Offender Mediation system in the immature development of our country, hoping to build a harmonious society in China do a little force. This article is divided into sections about:The first part is about the definition of Victim-Offender Mediation system.Respectively, from the background and the rational amnesias and objectives of the criminal settlement which made the value of the initial introduction that can help the reader understand the meaning of criminal settlement system.The second part is the application of the Victim-Offender Mediation system in foreign country. At abroad, especially through the details of the criminal settlement for Western countries.I try to analyze its characteristics, in order to explore the application of the Victim-Offender Mediation system in China.The third part is the implementation of the rational analysis of the criminal settlement system. In this part, by analyzing the values of traditional culture through the concept of fit, the development of of the Victim-Offender Mediation system in our country has a certain cultural and ideological foundation. This section also details the role of the Victim-Offender Mediation system in building a socialist harmonious society's active which has been practiced and our criminal policy of combining punishment with leniency the spirit of unity, but this section also describe Victim-Offender Mediation system which can improve the judicial system, can supplement the existing active role of defects, and at the last the writer introduced the legitimacy of the Victim-Offender Mediation system.The fifth part is the design of our system of the Victim-Offender Mediation system. This section is the core of this article; the author will talk in this part about the settlement for the Victim-Offender Mediation system in about the scope and mode of operations, and about the conditions of putting forward the Victim-Offender Mediation system in China.