The Investigation Report On The Application Condition Of Victim-offender Reconciliation

Since its born in the judicial practice in our country,the Victim-offender Reconciliation,has received much attention and developed rapidly,all that could owe to its virtues of harmonizing the relationship between criminal case’s both parties, alleviating the social contradictions,increasing the judicial efficiency,and so on.And withal its judicial value pursuit is in line with our country’s and even the total international community’s.It was passed into a new developmental stage,what is more,as of being officially established as a judicial system by the amendment of The Law of Criminal Procedure passed in The fifth session of the 11 th National People’s Congress held at 2013.Its operational aspect,as well as effect,and deficiencies are author’s key attention.So the author adopted before-and-after contrastive analysis to organize the more than one hundred and fifty Victim-offender Reconciliation cases of C, N district court from Jan. 2010 until June 2014,for the sake of a more impersonal, intuitionistic as well, understanding of Criminal Reconciliation.And then,analyzed the application of Victim-offender Reconciliation,took advantage of the data from questionnaire and call visits, from perspectives of applicable scope of case, compromise form, executive condition, along with the effect of reconciliation.Through all those analyses,the author was aware of the fact that some drawbacks and problems are indwell in the Criminal Reconciliation in the process of application,such as the straitness of the applicable scope of case, overemphasizing the penal understanding letter wish is just a formal element,the shortage of presider, the lacking of compromise form, placing too much value in financial reimbursement, slacking off on fact finding,disregarding party’s reconciliation will, the absence of nongovernmental neutral institution on Criminal Reconciliation, the faultiness of the victim assistance system,etc.As for the reasons,it’s mainly because that relevant laws and regulations are incomplete, supporting measures are still not yet be established and perfected,the inertial impact of judicial tradition,the imperfection of social security system,with that economic development level can’t satisfy judiciary requirement prep.Aim at those prombles,accordingly, refer to practical situation,just as the author thought, that the government shoud amplify the applicable scope of case appropriately while comprehensively implementing the new Law of Criminal Procedure,bring felony case and public nuisance cases into scope. Besides,construct nongovernmental neutral institution on Criminal Reconciliation vigorously in order to alleviate judicial office’s cases pressure and gain Criminal Reconciliation’s agility also. Furthermore, construct a diversified pattern of compromise form wish including financial reimbursement, offering an apology, community services,fulfilling obligations vicariously,etc.,so as to ensure reconciliation’s fairness. In addition,establish and perfect judicial assistance system and social assistance system with the purpose of perfecting the victim assistance system as well as assisting criminals return to society smoothly,the former should be funded both by the government and charitable funds,the latter,should be a tripartite system compose of psychological counseling station, legal service station and medical service station.In conclusion,only if government focus attention on and do something for both system itself and supporting measures,will it build a thorough Victim-offender Reconciliation system,and then utilize its blandness and warmth to prompt perpetrator to turn over a new leaf,to console sufferer,to raise the judicial efficiency,and also to mitigate even harmonize both sides’ relationship.