The Identification Of The Voluntariness Of Victims Of Victims-Offenders-Reconciliation In China

On December 5,2005,the central government proposed a criminal policy of“Tempering Justice With Mercy”.Under the guidance of this criminal policy,victims-offenders-reconciliation,as a dispute resolution model that fully respects and protects the rights and interests of victims,is introduced into judicial practice and actively tested in China.After years of judicial practice and experience accumulation,the Criminal Procedure Law,which was amended in 2012,officially incorporated the victims-offenders-reconciliation into the “Special Procedures”,and the victims-offenders-reconciliation that began in practice in China officially embarked on the path of legalization.Article 288 of the Criminal Procedure Law emphasizes“voluntariness of victim ”.This application element gives the victims a certain degree of decision-making power over criminal reconciliation.Victims can decide whether to request the court to impose a lenient punishment on offenders.However,this element is difficult to accurately grasp in the actual operation,which leads to different understandings of the court in judicial practice,which in turn leads to partial biases in the identification of voluntariness of victims.This paper studies,analyzes,discusses,and makes recommendations on the identification of voluntariness of victims in four parts by case evaluation and theoretical analysis.The first part: introduction of the case and asking questions.This section mainly introduces a case of wrong identification of voluntariness of victims and identifies the problem.The second part: theoretical analysis.This section focuses on the interpretation of basic theoretical knowledge,including understanding of voluntariness,negative criteria and positive criteria of voluntariness.The third part: case evaluation.This part mainly combines the above theories to conduct a legal analysis of the above-mentioned typical cases,and expounds the correct identification of the voluntariness of victims about this case.The fourth part: Suggestions for improvement.This part,combined with the above-mentioned theories,mainly provides a comprehensive proposal for the identification of the voluntariness of victims of victims-offenders-reconciliation based on full review and access to the relevant case,including the emphasis on the the voluntariness of victims of victims-offenders-reconciliation,the adherence to the substantive criteria for the identification of voluntariness of victims of victims-offenders reconcilation,and improve the Criminal Procedure Law’s determination of voluntariness of victims of victims-offenders reconcilation.