The Construction Of The System Of The Victim-Offender Mediation In China

The Victim-Offender Mediation is a new approach in the field of criminal judicature in our country. It is obviously different with the existing traditional criminal judicature system that the Victim-Offender Mediation, by attaching the mediation, urges the suspicious criminal to implement the related conditions so as to strive for the realization of un-prosecution.Therefore, the Victim-Offender Mediation has dual nature in law. Disputes exist in both theory and practice on the feasibility to contribute the system of the Victim-Offender Mediation in our country. However, in the current situation of China, it has undoubted active sense to carry out this system:Firstly, it can make up the disfigurement of the current prosecution practice in the country; Secondly, it could help ease the contradiction between the increasing criminal cases and litigation efficiency;Thirdly, the implementation of this system helps straighten out the crime and violation of law. In China, the feasibility of applying conditional un-prosecution mainly lies in the following facts:The current Chinese constitution and criminal litigation laws lay down a legislative foundation for its implementation.The policies on crime combining suppression and leniency, provide it with policy back-up, and the exploration and innovation in practice also furnish it with experience to learn. Furthermore, the theory of harmonious society has created favorable social environment. The combination of all these factors has facilitated sound conditions for implementing the Victim-Offender Mediation. Certainly, when this system is to be put into effect, applying conditions, procedures and relief mechanism etc, must be well designed and defined.