Research On Victim-Offender Reconciliation

The criminal litigation and the penalty are considered to be the most ancient, the most effective and the most equitable method since the appearance of crime. It is a deeply rooted idea "the penalty is the repay in relation to the harm what the criminal has made" that not only consists in the foretime but in the common juristic ideology as well. It makes that the penalty is nearly the only method for criminals to response their criminal. The criminal litigation and the penalty are the devices which can solve the social conflict, at the same time they are also the most rigorous avenue, however, they can not thoroughly solve the conflicts which appear among the country, the victim and the inflictor. Sometimes, they can generate the newer and the broader conflicts. Since 1970s, the victim-offender reconciliation has got the practice and development in the many countries among which it can be confirmed as the legislation form. And it also becomes the larger point getting the attention of the whole world. So it has its own searchable value for the Chinese law scholar.Besides the introduction and the conclusion, this thesis consists of four chapters.The introduction part is mainly the bringing up the problem, and briefly showing the train of discussing thought.In chapter one, I will fully discuss the basic theory about the VOR. First of all, investigating the concept of the victim-offender reconciliation, its background and its theory value, I will announce its resources which come from the movement of victim and traditional repay judicature defects. Thus, the protection of victim and the criminal reverting have become the focal point of the criminal legal system, then, the victim-offender reconciliation institution has borne. Secondly, the victim-offender reconciliation institution has ensured the judicature justice and efficiency on the restoring the justice and the basic theory of the victim personal process. At the same time, there are some insufficient aspects in the victim-offender reconciliation. For instance, it may cause conflicts with the people's common criminal values. Sometimes it may cause injustice result.In chapter two, I will do a brief introduction about the several typical countries' practical pattern of the victim-offender reconciliation and the main concept. At the same time, I estimate the circulation condition of the victim-offender reconciliation in the above countries. It makes the foreshadowing to us.In chapter three, I will make some detailed analysis on the necessity, feasibility and obstacle of chinalization of the victim-offender reconciliation. Then I have found that the victim-offender-reconciliation has its own imperfection but it has its own unreplaceable superiority, even for maintaining the social longtime stability. So we should establish our victim-offender reconciliation.In chapter four, according our conditions and drawing on the experience of the abroad, I have made a tentative idea. First of all I divide the scope of the victim-offender reconciliation two parts one is a short-term scope, the other is a specified future date scope. In the short-term scope, regard the victim-offender reconciliation as the prepositional process in the minor legal case, private or voluntary prosecution of an act and a slight criminal case. In the specified future date scope, recommend the heavy charge. the victim-offender reconciliation has established the principles of honesty and trustworthiness according to the principle of traditional theory, the principle of litigant self control and the principle of guilt plea. At the end, I propose my own opinion about the practical manipulation and the process of our victim-offender reconciliation.In the conclusion, seriously deal with the victim-offender reconciliation, bring the positive function into full play and limit the negative influence. Lastly, make the victim-offender reconciliation target "justice" "efficiency" become true.