On The Balance Of Avails Related To Victim-offender-reconciliation

Under the huge impact of protecting victims'interest and the recovery judicial current of thought, it sets off the climax of the victim-offender-reconciliation around the world. The traditional mode of dispute resolution is only concerned about protecting the interests of the perpetrators, but the victim-offender-reconciliation also pays attention to balance of avails both perpetrators and victims, it applies to balance the power of public authority in litigation with the rights of the parties, the individual parties rights and the protection of public rights, and the protection of the rights between the parties and so on. Victim-offender-reconciliation has a positive meaning for these: to ease the social conflicts, to avoid escalation of the conflict, to be beneficial to social stability, so that some parts of judicial resources can be put into the case needed, but also conducive to achieve justice, fair, meet the developing needs of criminal judicial reform.However, while victim-offender-reconciliation has balanced many relevant avails, but there also exist personal imbalanced interests in the practice or application, such as different wealth will make the perpetrators have different results in the application of reconciliation. There are differences in commitment, resulting in an imbalance between the interests of offenders; Another example is the type of criminal restrictions may cause the different nature of the cases, the imbalance of interests, etc., but research found that these so-called interests of the imbalance is not must real, some people just do not understand the victim-offender-reconciliation, and the lack of legislation due to misunderstanding. However, the balance of interests related to the victim-offender-reconciliation has great value, it is still necessary to take appropriate measures to restore the balance of interests. The more effective means is changing ideas,define necessity and application of the criminal nature of reconciliation not only inwardly but also standardized the system, determine the scope of the criminal case and the applicable settlement stage of the proceedings for reconciliation of victims in criminal matters go back on the behavior of their own reasons, to explore a wide range of reconciliation, reparation and compensation specified amount of the criminal settlement, and improve the system of various forms of victim assistance.