The Victim-Offender Mediation Of Death Penalty Cases In China

March14,2012, the National People’s Congress examined and adopted “theamendments to the Criminal Procedure Law of the People’s Republic of China”. Onlythe practice has long been generally applicable to cases of minor injuries in the draft,criminal negligence cases be subject to legal norms, and death penalty cases are notincluded in the criminal reconciliation range. Substantive departments of Justice hasexplored the application of the criminal reconciliation in death penalty cases in China,Some cases has been made in good legal and social effects, But in practice there havebeen many problems, Both the theory and practice communities are in the debate.This paper is about the theory of Victim-Offender Mediation in our country, In orderto seek legitimacy for Victim-Offender Mediation in our country, and improve thelegal protection of Victim-Offender Mediation in our country,This thesis is specifically divided into five parts: The first part of the introductiondescribes the thesis background, the significance of the research situation and itsresearch methods. The second part is the outline of Victim-Offender Mediation,including the concept of Victim-Offender Mediation, the features of Victim-OffenderMediation and the emergence and development of Victim-Offender Mediation in ourcountry. The third part is about the outline of Victim-Offender Mediation of Deathpenalty cases in China. Firstly, introduce the Particularity of Victim-OffenderMediation of Death penalty cases in China, including the main body, range, stage,width, ways of Victim-Offender Mediation.Secondly, introduce the scope and thesentencing width of Victim-Offender Mediation of Death penalty cases. Thirdly,introduce the objective prerequisite subjective prerequisite for Victim-OffenderMediation of Death penalty cases. The fourth part is about the necessity andfeasibility of Victim-Offender Mediation of Death penalty cases. The Implement ofVictim-Offender Mediation of Death penalty cases can not only protect the basichuman rights-the right to life, but also meet the practical demand-restrict thephenomenon of Victim-Offender Mediation of.Death penalty cases.It also follow theinternational trend-abolish the death penalty. And in China the feasibility ofVictim-Offender Mediation of Death penalty cases is the basis of policy, legal,theoryand the practice. The fifth part is about the value basis of Victim-Offender Mediation of death penalty cases. Including balanced protection of legal interests to achievefull value of justice, the values of criminal justice the values of criminal democraticand the values of Human rights. The last part is about the Legal protectionImagination of Victim-Offender Mediation of Death penalty cases. The physicalsecurity of Victim-Offender Mediation of Death penalty cases is about the generalprovisions and the penalty of Victim-Offender Mediation. The procedural safeguardsof Victim-Offender Mediation of Death penalty cases is about the stage, starting.examination, confirm and the effectiveness of Victim-Offender Mediation in Deathpenalty cases.