Victim-offender Mediation Reconstruction Based On Role Theory

Confucius says:" In the application of the rites, harmony is to be prized.’ Since the concept of harmonious society has been understood by more and more people, the concept of harmonious criminal justice begins gaining recognitions and attentions, while the Victim-offender Mediation shows up in the views of China’s criminal jurists, legislators and researchers as a new dispute settlement mechanism. With the deepening of the theoretical research and practical exploration, the Victim-offender Mediation’s functions and values has become widely recognized. In order to set up a united standard for the practical operation of the Victim-offender Mediation and protect the seriousness of the justice, the legislation of the Victim-offender Mediation system should be processed positively. As a result, this passage will focus on the study of the roles involving in Victim-offender Mediation from the perspective of the role theory in the hope of theoretically supporting the construction of Victim-offender Mediation system of China.This paper includes the following four parts:The first part is an overview of the Victim-offender Mediation. In this part the author defines the Victim-offender Mediation and some other related concepts, on the basis of which the fundamental values of Victim-offender Mediation including fairness and efficiency, are discussed.The second part has been focusing on the comparison of the China’s and foreign Victim-offender Mediation systems. Firstly, the systems of the western countries such as the USA, British, France and Germany are introduced and analyzed. Secondly, after comparing with the research about the Victim-offender Mediation system and applicable condition in practice, the current difficulties encountered in the process of the Victim-offender Mediation system’s construction are introduced. Finally, the conclusion is provided from the perspective of the sociology’s role theory.The third part analyzed the Victim-offender Mediation system according to the role theory. The author believes that Victim-offender Mediation, which is regarded as the solution to restore the original order through consultation and cooperation, could be about the interaction among lots of roles including the victims, perpetrators, national public authorities, social organizations and attorneys. Therefore, the author analyzes the statuses, responsibilities and functions of the five roles involving in Victim-offender Mediation and has obtained some key points worth attention in the construction of the Victim-offender Mediation system.The forth part comes up with the concept of organic unity in the construction of Victim-offender Mediation system. The function of all roles involving in the Victim-offender Mediation process should be paid full attention. In the construction of Victim-offender Mediation system, the roles should be defined clearly so that the roles could unite together and the disputes settlement mechanism with collaboration and organic unity between the different roles could be established.