Reflection Of Victim-Offender Mediation In The Realm Of Scholars And Legal Practice

As one way of handling criminal cases, Victim-Offender Mediation has been constantly drawing attention in the realm of scholars and legal practice. Especially since the idea of harmonious society by the central communist party, the judicial system also stepped up the exploitation and application of the Victim-Offender Mediation under such political environment. To some extent, although Victim-Offender Mediation affects the handling of small criminal cases in a real and positive way, it is still hounded by its theoretical flaws and drawbacks in the application in practice. Considering the bright future of Victim-Offender Mediation in the realm of scholars and legal practice, it is necessary to ruminate on the practice of the Victim-Offender Mediation theory. Analyzing the theoretical foundation of Victim-Offender Mediation scientifically is the prerequisite of comprehending it in a right way and the drawbacks thereof severely affects the justice of Victim-Offender Mediation theory. Theoretically. Victim-Offender Mediation itself, criminal theory thereof and the relation between them will be analyzed as priorities and this article will reconsider the opinions regarding the Victim-Offender Mediation from scholars. Furthermore, this article will also give reasonable measures concerning the application of Victim-Offender Mediation on the aforesaid level.The first part:Victim-Offender Mediation is a new concept as well as a regional one. As to the comprehension thereof, this article argues that our country’s own situation shall be combined in it and angling to understand the concept itself in a more justified and better way, the competitive research between Victim-Offender Mediation and related concepts, such as restorative judicial method, shall be conducted.The second part:theoretically, since the Victim-Offender Mediation exists in a special way, its application does not chime with the theories of criminal law. which can be reflected in the principles and rationales thereof. Specifically, Victim-Offender Mediation is totally not in tune with the principle of legality, the principle of suiting punishment to crime and responsibility, the proportionality principle of punishment, the principle of state monopolized power of punishment and the principle of modesty and restraint of criminal law. The above conflicts are obvious and severely restrict the development of Victim-Offender Mediation. Hence, we shall clarify in what level the Victim-Offender Mediation contradicts basic principles of criminal law and the severity thereof. Besides, some scholars chose to escape the aforesaid conflicts selectively and even misunderstand them in order to achieve the harmony of the Victim-Offender Mediation theory. As to this, this article will analyze and ruminate on some opinions selectively. The third part:in the level of practice, the pragmatism of Victim-Offender Mediation prevails and hence, the regional differences of applying it are huge and there are even various applications in different cities of the same province. Therefore, some similar criminal cases were handled outright differently. All the confusion of the Victim-Offender Mediation standards and lack of effective instructions brought severe damage to the unification and seriousness of the criminal justice.The fourth part:the purpose of studying the Victim-Offender Mediation is not to deny it in whole. Instead, it aims at developing the Victim-Offender Mediation in order to apply it more reasonably and scientifically on the foundation of clarifying the theory and practice. The fourth part gives some suggestions and measures as to the aforesaid situation.The prerequisite for the healthy development of Victim-Offender Mediation is reconsidering it theoretically and practically. Through the analysis and reconsideration, a more impartial and profound understanding of Victim-Offender Mediation can be gained and the development of it can be promoted. This article will also advice on the healthy development and operation of the Victim-Offender Mediation.