The Procedural Legitimation Building Of The China’s Victim-offender Reconciliation

The victim-offender reconciliation is a criminal justice system to resolve the dispute and restore social order quickly, which means the victim and the offender negotiate to solve the criminal case and to reach a settlement agreement on the apology and financial compensation with the help of the mediator. As a new criminal justice system, the victim-offender reconciliation has become a hot topic of China’s Criminal Procedural Law reform and has a lot of theoretical research and years of experience in judicial practice, which not only to protect the interests and maximize the reduction in the loss of the victim, and to punish the criminals, to break the shortcomings of the traditional penal system mainly by the criminal, to help the criminal return to society better in the future and maintain social stability.The fifth meeting of the Eleventh National People’s Congress in March14,2012adopted the "National People’s Congress on Revising the<Criminal Procedure Law of the People’s Republic of China> decision’ states that the reconciliation of the parties the case of public prosecution proceedings which indicates the victim-offender reconciliation incorporated into China’s criminal Procedure Law system formally. But it also exist problems in specific operation such as:the vague conditions of application, the specific scope of the case is not clear, the specific operation of the judicial phase of the settlement procedures already provided, and the serious deficiencies of the related measures. Our judicial academics have researched on the Insufficient of the modifying on the Criminal Procedure Law, but theoretical articles are very scarce and there are no coherent conclusions.This thesis attaches to a systematic exploration of the victim-offender reconciliation in the system theory and operation of the practice, to arouse our concern on this issue, and promote norms of the reconciliation system,in order to use the little to get the big.The thesis consists of four parts:Part I, the basic theoretical question of the victim-offender reconciliation. The main contents of Part Ⅱ and Part Ⅲare the analysis of the feasibility and the necessity of the victim-offender reconciliation established through the comparison of, he system setup and operation of the mechanism between China and foreign country under the rule of law. Part IV is the focus and the purpose of the thesis. The applicability in victim-offender-reconciliation of ZaoZhuang acted as a research angle, combined with the practices in domestic and abroad experiences, to address the operation of the victim-offender reconciliation specifically, and the ideas in the system build and supporting the improvement of the system.The most outstanding points in this thesis are as follows:1、 Comparative method is adopted to research the system of victim-offender reconciliation by Western and Hong Kong and Macao and the practical experience to carry out a comparative analysis to find out the theoretical basis of victim-offender reconciliation in line with China’s national conditions.2、 By the judicial practice of victim-offender reconciliation in the theory and case studies of ZaoZhuang regional, including the problems which found in practice, to propose solutions for the practice of victim-offender reconciliation.3、 This thesis attaches importance to study on the "National People’s Congress on Revising the<Criminal Procedure Law of the People’s Republic of China> decision" which states the reconciliation of the parties the case of public prosecution proceedings, and to strengthen the supporting systems in the theoretical and practical significance.