The Construction And Perfection Of VOR To The Juvenile Offenders In China

Criminal reconciliation, also called victim-offenders-reconciliation(short for VOR),is a particular form of restorative justice. As replace methods for traditional criminal penalty in the practice abroad, it has get great achievements especially in the practice of juvenile offenders. But, the criminal law and the criminal procedure law in our country did not make a clear regulation in the VOR to the juvenile offenders and the juvenile fender’s legitimate rights and interests can’t get practical maintenance to some extent. Therefore, the research in the VOR to the juvenile offenders has important theoretical and practical meanings in improving criminal procedure system in our country.Beginning with explaining the concept of VOR, this article fully analyzes the general situation about VOR to the juvenile offenders abroad and its achievements. Combined with our country’s cultural history, judicial basis and social situation, the article expounds the necessity and possibility of VOR to the juvenile offenders in China, and at last put forward the initial idea of construction for VOR to the juvenile offenders with combinations of VOR to the juvenile offenders’ present development situation in China. This article can be divided into4parts:Chapter one is the highlight introduction of VOR to the juvenile offenders. This chapter begins from the concept and characters of VOR, and then extends to the concept and characters of VOR to the juvenile offenders. And analyzes and compares with other related concepts.Chapter two is the development of VOR to the juvenile offenders abroad. This chapter starts from the origin of VOR to the juvenile offenders to introduce the development of VOR to the juvenile offenders abroad and analyze the characters and evaluation.Chapter three is the present condition analysis of VOR to the juvenile offenders in China. This part is to undertake the first part and the second part. It analyzes the operation situation of VOR to the juvenile offenders in China and the existing obstacles, and analyzes he necessity from the angles of the law,dissolving the social contradiction and protecting the rights of juvenile. this our country’s cultural history, judicial basis and social situation, this chapter expounds the necessity of VOR to the juvenile offenders on the basis of our country’s cultural history, judicial basis, criminal justice policy and practice foundationChapter four is the construction of VOR to the juvenile offenders in China. This chapter lines out the construction of the system of VOR to the juvenile offenders in China. On the basis of concluding the character of the juvenile judicial System of China, this chapter brings out the Premise assumption of Practicing VOR to the juvenile offenders in China, which includes the elements such as the basic principle, the construction of the system, the applicable ranges, the applicable stage, the institutions in charge, participant and the specific procedures’ design.