Victim-offender-Reconciliation Under The Sight Of Chinese Criminal Law

Victim-offender-Reconciliation, is also named the reconciliation between the victim and the offender, it is a system of solving contradictory which is according to the satisfaction of both sides. Logically coherent argument says victim-offender-reconciliation is by the help of intermediate, the victim and the offender talks with each other freely and voluntarily, according to the communication to solve the contradictory between the two sides. The offender positively acknowledging guilt and atonement the victim's loss to acquire the victim's forgiveness, then the national special organ no longer investigate the offender's legal responsibility. The author thinks that the criminal law system must contain the spirit of equality, tolerant, humanity, and according to this foundation to realize the value of the criminal law. As a new system of solving criminal contradictory, the victim-offender-reconciliation can be a new mentality of the socialism harmonious society construction. Since the victim-offender-reconciliation is discussed and used in our country, it must take our country legal system as the foundation to find its true significance. Around this topic, a lot of scholars advance long-term research, the academic circle has hundred school of thought contending, it riches the victim-offender-reconciliation theory. These academic circle's each kind of discussion and the theory, devote for each to the victim-offender-reconciliation research learner by the greatest inspiration, enables the later generation learners to be able to stand on giant's shoulder to research the topic.Based on to the criminal reconciliation correlation theory's strong interest, the author chose under the Chinese criminal law field of vision criminal reconciliation to take the graduation thesis the topic, wanted to carry on some studies and the discussion in this question. Therefore the author from grind two started to collect the correlation data, a criminal law scientist's work has explained the doubts just like the radiant stars for the author, also has directed the direction. Below, the author will introduce on this paper's content.Destination and significance of the topic:construct socialism harmonious society, implements the wide strict loose criminal policy, must solute society dispute properly, to stable social order. The victim-offender-reconciliation must take protect victim's benefit as the core request, pays great attention to guide the party causing an injury and the victim in carries on the conciliatory process to be able to move the function, builds the harmonious atmosphere, melts the contradiction gradually in mutual wearing, thus achieves the reduced society conflict, promotion society harmonious goal. Construct the victim-offender-reconciliation system in our country, must pay great attention to manifest individual standard, to make both sides benefit maximization; Saves the judicial cost, manifests the criminal law's modestly declining and economy; In profits from the world advanced legislation above the foundation, our country criminal activity substantive law integrates the victim-offender-reconciliation system definite orders the statute book is should have righteousness, our country penal code must unify our country's realistic national condition, consummates our country criminal law finally about the victim-offender-reconciliation stipulation.Content of the research:The first part of the article, is regarding the present academic circle about the victim-offender-reconciliation elementary theory broad and the brief appraisal. Summarized the victim-offender-reconciliation connotation, the cultural origin, as well as democratic, fair, and the humanist government's law idea.The second part of the article, the main elaboration criminal activity reconciliation's theory basis, introduces the Western recoverable judicature's idea, summarizes on the value position step restitution just to be first just in the retribution, on rights and interests position step private power safeguard first in civil rights safeguard. The victim-offender-reconciliation realizes this kind win the result, had indicated the criminal reconciliation and the crime criminal law decide the principle of the fusion, the criminal reconciliation and the responsibility for an offense punishment adapt the principle uniformity, the victim-offender-reconciliation and equal rule matching.The third part, has mainly explained the victim-offender-reconciliation system and the international criminal justice trend of development agrees with, take the penalty individualizing, the penalty leisurely as well as the criminal law, civil law these three present age international criminal justice trend of development as the breakthrough point, described the criminal activity to reconcile separately with these three general trend relations, summed up the victim-offender-reconciliation system's production and the development is complies with the historical trend, will take the government by law society advanced government by law idea the product, the victim-offender-reconciliation will be able international society's universal approval.Last part, the author mainly elaborated about the victim-offender-reconciliation mechanism legislative design question. The author designs the victim-offender-reconciliation integrates our country penal code the article, causes the victim-offender-reconciliation to achieve truly has legal support, stipulated explicitly may carry on the case applicable scope which using the reconciliation the dispute solves; moreover, in the victim-offender-reconciliation's judicial practice, must strengthen to the reconciliation judicial surveillance. At the same time, must supervise the settlement agreement fulfillment situation which achieves in the victim-offender-reconciliation process; on the other hand, whether can supervise in the reconciliation process the civil rights strength involvement neutrality, after as well as the conciliatory penalty decides after deliberation the question. The author will give own perfect comment in this part to our country penal code in about the victim-offender-reconciliation's design.Method of the research:this article has carried on the summary as well as the synthesis narration to the domestic overseas scholar about the victim-offender-reconciliation's theory. Summarized using the historical studies method has established and utilizes the reconciliation mechanism and our country's historical culture in our country is inseparable, and summarized it in our country's trend of development. Using the comparison research technique, the contrast China and the West idea, has analyzed our country to introduce the overseas advanced government by law idea the necessity, and unifies the Western respective national condition and the form of society, discusses under our country criminal activity substantive law field of vision the victim-offender-reconciliation system. This article has also utilized the law sociology research technique, the thorough understanding different country different area's victim-offender-reconciliation case, anticipated that can obtain to our country criminal activity reconciliation system application most comprehensive understanding.Conclusion:unifies our country present stage the fundamental realities of the country, complies with the international criminal justice's trend of development, the victim-offender-reconciliation system in our country's establishment and the application, from the author's point of view, is feasible, is also necessary. And gathered the culture from our country ancient times, to our country modern society in victim-offender-reconciliation case's implementation, arrived at our country harmonious society viewpoint again statement, without doubt authenticated the reconciliation imperative to comply with the historical trend.