The Study Of Victim-offender Mediation System

Victim-offender mediation, is refers the victim and the perpetrator restore the original order destroyed by the perpetrator through consultation and cooperation in the criminal procedure, which makes the perpetrator returns to society after being forgiven. That is doesn't investigate the perpetrator's legal liability It usually shows the perpetrator admits guilt, makes apology and compensates damage to the victim. Victim-offender mediation is "exotic", but it is the same thought with "non-litigation" of the 5000 years of Chinese Confucian. Today, with the constructing hamonious society and the criminal policy of temper justice with mercy, this system originating in west has been rapid and Significant developed in less than ten years in China. In recent years, many provincial procuratorates formulated relevant files to trial this system. Victim-offender mediation plays an active role in resolving social contradictions, especially relatives and neighbors' contradictions. It also reduces the rates of complaint to the government in some extent, and restores the social relations been damaged as same as promotes the social harmony and stability.At the beginning of running any good system, it cannot perfect, victim-offender mediation is no exception. Because of lacking of a definite legal basis in the judicial practice, victim-offender mediation doesn't unify in practice, although the procuratorates at all levels are actively exploring in recent years. For example, the scope and stage are not clear, the way of compensation is single, the host organ is not definite, the monitor mode is lack and so on. It don't makes victim-offender mediation play to advantages full, even leads to individual people use power to force reconciliation. Some of the perpetrators aren't any remorse after crime, even think "use money arrives punishment";and some victims ask exorbitant price by the opportunity, and attempt have "windfall". These seriously affect the fairness and seriousness of the law.As a approach of criminal case, legalization of victim-offender mediation is a inevitable trend, so there should be establish a reasonable system in legislation. The scope should not be limit to the minor criminal cases. which can comprehensive the perpetrator's subjective elements, subject and object and so on. then application in prosecution. In reconciliation, the procuratorate don't involve, and the parties mediate voluntarily, or the independent third-party which is non-offical government mediates. Then the procuratorate reviews and supervises the contents and procedures of the mediation agreement. If the parties don't reach the agreement or the agreement illegal, the procuratorate would prosecute in legal procedure. At the same time, it should break the simple way of compensation in performance, and establish a vary of integrated way.