The Rethinking Of Chinese Victim-offender-reconciliation Manner

Faced with the practical problem that Criminal justice model led by punitive justice generated the rapid growth of crime in the latter part, victim-offender-reconciliation that uses the restorative justice as a guiding theory reflects the new perspective and depth advantage in treating and preventing the crime. Since the 70s of last century, Victim-offender Reconciliation has gradually attracted people's attention, and was put on the legislative agenda and put into judicial practice. Victim-offender-reconciliation has gradually formed a relatively complete theoretical system in Germany, Britain, France and other countries. As a new mechanism for handling criminal cases, victim-offender-reconciliation in the establishment and development around the world shows that it has strong vitality. At the same time, it also demonstrates its superior meaning and value.In China, as a new thing in our criminal justice reform, victim-offender-reconciliation appears that less than 10 years. Victim-offender-reconciliation means that in outside of the traditional Criminal Law of only emphasizing punishment mechanism, to find a more economical, more efficient mechanism of resolving disputes. It reflects the attention of China's criminal justice in the interests of victim and the thinking about the concept of recompensing for simple punishment. It provides a beneficial choice for better handling crime. Therefore, as a new type of crime treatment procedure, Victim-offender Reconciliation compensates for the deficiency that the formal judicial procedure ignore the victim will, and meets the interests of the conflict。It is an increasingly strong development momentum。victim-offender-reconciliation has important practical value in these respects:minor criminal cases and juvenile delinquency, resolves social conflicts effectively, better safeguards the interests of the victim, saves litigation resources, preserve judicial justice and so on. It also has great significance in carrying out the criminal policy of combining Leniency with Rigidity and building a harmonious society.Based on these, this paper discusses the problems about victim—offender -reconciliation. The first part reads the concept and value of victim-offender -reconciliation exhaustively. Then this paper expounds systematically three theoretical basis of victim-offender-reconciliation system --- equity theory, narrative theory and restorative justice theory, and analyzes the related policies and practices of the victim—offender-reconciliation. The next introduces the overseas practice status of victim-offender-reconciliation in detail, and combines with the specific circumstances of judicial work, researches the three main modes that currently exist in the judicial practice, and they are offender-victim settlement on their own, judicial mediation, People's mediation. Finally the paper led its key point---the analysis of victim-offender-reconciliation ways in several cases. And it tries to improve and promote the further development of reconciliation system by the diverse research of reconciliation way. As a whole, this paper has certain theoretical and practical significance.