The Study On Victim-offender-reconciliation

The recent appeared victim-offender-reconciliation system, which is based on the parties, endow the parties the right to automatics consulate with each other and make a reconciliation agreement after mutual compromise, so as to resolve criminal conflict. This system makes endeavor to balance the benefit of the two sides of litigation, redounds to propel our country's criminal judicative reform, renews the relationship of people, and enhances the harmony of society. The system makes a great impact on the traditional criminal judicative ideas that based on the country's investigate principle. The thesis makes an omni-directional analysis and argumentation on the necessity and feasibility of the victim-offender-reconciliation in China, the perspectives of analysis and argumentation range from macroscopic to microcosmic, from human to society, from nation to individual, from history to modern, and tries to construct the System of victim-offender-Reconciliation.The thesis is divided into four chapters. The first chapter demonstrates on the humanism spirit of criminal reconciliation. The author demonstrates the active function of the objective existence of sensibility in criminal judicature from the point of the two factors of human nature——sense and sensibility, so as to demonstrate the allowance of criminal reconciliation with sensibility.And then the author demonstrates the function of criminal reconciliation in the aspects of compensating for the victims, the rectifying of the crime person and relieving the pressure of the judicature.The second chapter shows the historical development and practical significance of criminal reconciliation. The first paragraph reviews the historical origin and thought foundation. The author discusses the influence of the traditional legal culture on criminal reconciliation, conforms the active influence, meanwhile, creatively throws doubt on the criminal reconciliation based on the thought of"harmony is the best policy". And then according to the interaction between culture and national government, the author demonstrates the crucial factor of system applying is the demand of national government. And in the second paragraph, the author demonstrates the necessity of judicature multiplication, illustrates the function of criminal reconciliation on national government, according to analysis on the conflict between law constituting and folk custom. The third paragraph, bases on the surveying on the process of our country's judicature, the author analyzes the reason of judicature plight, points out that by means of criminal reconciliation, distributing the cases from the court, dividing the question into several parts and then resolving them respectively, so that the judicature plight is alleviated, which is good to propel the judicature reform.The third paragraph according to the investigation of criminal reconciliation practical cases, the author sums up the problems appeared and the potential problems, and how to avoid these problems.The second paragraph is the respond to the doubt on victim-offender-reconciliation, demonstrates crime punishment legalization, and the correspondence of crime and penalty, and it is not absolute for the judge to rule freely and the party's willing, this can be controlled by the system designation.The fourth chapter learns from foreign countries'experience such as recoverable judicature, the transaction of the debates and sues, reconciliation of the inflictor and the victim, the deferment prosecution, and so on. Have a detailed discuss on the aspects of suitable range, suitable period and process of conciliation, tries to establish a set of complete workable criminal reconciliation system..The author insists on considering independently, insists on creative, with the viewpoint of skepticism, using method of historical analysis, the method of positivism study, comparative method, the theory of sociology, from the aspects of human nature and social condition to inspect the human being in the process of criminal prosecution, to inspect interaction between human and system, analyze the reason of judicature plight, and research on the possibility of victim-offender-reconciliation to resolve these problem.The final conclusion is: victim-offender-reconciliation can balance the benefits of the parties of prosecution effectively, comply with the trend of building harmonious society, enhance judicature efficiency, play an important role on relieving our country's judicature plight; and, our country possesses the social condition and human basis of applying criminal conciliation, victim-offender-reconciliation has a good prospect. The creative point of this thesis is surveying victim-offender-reconciliation with a broad field of vision, especially from the aspect of human nature, carrying on a deep analysis on it, meanwhile, the author starts from the reality of our country, gives a careful investigation on the whole process of judicature, and then demonstrates the proper of victim-offender-reconciliation, and throws doubt on and gives her own opinion to the thought of"harmonious"and"harmony is the first policy"as the theory basis of victim-offender-reconciliation which is accepted by the theory and judicial world.