Problems In The Victim-offender Reconciliatin And Their Solutions

Victim-offender Reconciliation(VOR) is based on the concept of a harmonious society as the theoretical basis, Situation of combining punishment with leniency policy to promote, China’s traditional "Hehe Culture" for the foundation and learn from the foreign theoretical system. It is a bottom-up judicial reform. VOR System in line with the direction of China’s judicial reform, Meet the inherent requirements of the optimal allocation of judicial resources. It has advantages and value of existence. However, in practice many problems still exist. The author use the four roles in VOR (Public authority, mediator, offender, victim,)to analysis in the problems that may occur from the beginning to the end,. To perfect VOR program.. This article looks at the concept of a harmonious society, the mercy criminal policy, the new Law of Criminal Procedure and Combine with the academic knowledge to understand the VOR system, to point out the problems such as the abuse of public power, imperfect program with a critical eye. This article from the four aspects to illustrate the problem, including the restrictions of public authority, Protection of the rights of the victim and offender The middleman right to configuration, The improvement of the program.In addition to the introduction and conclusion, the text is divided into three chapters.Chapter One is the legal basis for VOR。This chapter focuses on an overview of the background and definition to describe the VOR system. Fully understand the background of VOR is conducive to building our local VOR system and beneficial to explore the legal developments in the way of Chinese characteristics. China’s VOR is inherent in the traditional "Hehe" culture as the foundation, Learn and absorb foreign theories. With the propose of the "harmonious society" concept and "Leniency" criminal policy, the study in VOR is gradually warming. The definition of VOR is not only concerned about the absorption of Western doctrines such as restorative justice theory, equilibrium theory, contract theory, but our own national conditions, traditional "Hehe" culture and the country’s political philosophy,criminal policy. To defined VOR can seize the settlement gravity of the VOR system and leads to the next chapter of the content.Chapter two is "The VOR existing problems and reasons" This chapter analysis the "the parties of reconciliation in a case of public prosecution procedure" in "criminal procedural law"that newly issued on2012. And use the four roles in VOR (Public authority, mediator, offender, victim)as the breakthrough point, and from the start to the end of the whole stage system to raise the problems existing in the judicial practice. The first quarter is analysis the relationship between the four roles, elicit problems of public power to force reconciliation, the middleman selected many disputes, Victim and Offender fraud in VOR and "use the Money to buy punishment" is damage to the principle of fairness. The second quarter asked the defects on the modern system of VOR legislation by understanding on the whole procedure. The startup program is diversity in the judicial practice, Whether it should be harmonized, Examination and confirmation procedures, handler as well as the implementation of the program are few provisions in the current law, the defects on the legislation is restricting the development of VOR.Chapter three" The VOR problems’solving path, It stemming from problems in the second chapter to further explore the role of the relationship as well as criminal reconciliation procedures. The third chapter to undertake the second chapter proposed questions, carries on to these questions one by one, And recommendations respectively. To prevent the abuse of public power Should establish a sound internal oversight mechanisms, administration of justice should be independent. Mediator choice should respect the choice of the Victim and Offender. Victim and Offender fraud in VOR should enact legislation to regulate and establish a relief mechanism. Implementation of a variety of compensation to avoid "use the money to buy punishment" damage to the principle of fairness. State government and social organizations can also build a bailout fund to help the difficult conditions of the offender. To choose the startup program should respect the parties; For the review process of validation, the public authority should refine the contents and confirm the effectiveness of the mediation agreement; For handlers, the "not to prosecute" system should be improved, Provisions of the sentencing recommendation right to prevent the judiciary ultra vires; For execution, it can refer to "the law of the Civil Procedure" to set an appropriate legal regime.