Research On The Application Of Criminal Reconciliation System In China

In the process of dealing with criminal cases, it has become one of the important points of the modern criminal judicial reform to give more attention to the victim's interests, alleviate victim's damage and harm in the crime, acclimatize the criminal to community and ensure well-balanced environment in the same time. Based on the consideration of the traditional criminal justice system, animadverting on the disadvantages, the different paradigm which is called Victim-Offender Reconciliation(VOR for short) for dealing with to issues of crime has found among some country. VOR takes restorative harm as it's core value idea and take democratic participation as it's social elements takes dialog and negotiate among the victim and the criminal and the surveillance and direction of justice department as it's main procedure feature. While we popularize the VOR as criminal justice system, we also should analyse the system strikes against traditional justice purpose and social culture rationally. While we stick up for criminal law's authority and country's benefit and social benefit in the process of establishing system and judicial practice, we also give attention to the victim's interests. Based on the above, in the case our country haven't normative VOR, this paper, standing on the successful experiences of western countries and our country's criminal judicial practice in the construction of VOR, searches after the system's realistic and academic origin. Hopefully, all of these efforts can be helpful to construct Victim-Offender Reconciliation with Chinese characteristics in the case of harmonious society.To be specific, the paper is divided into four parts.Part one, the evolvement of Victim-Offender Reconciliation. The author introduced the academic background and social origins and the status quo. This part is divided into three areas: Firstly, the ideological foundation of VOR: the Penal Code individualism. Secondly, the natural spirit of VOR: the lease spirit. Thirdly,the social basis of VOR: democratic participation among the criminal and the victim. Based on these three areas, not only directly pointed out the background of history and culture, but also from anther side express the essence of VOR.Part two, the connotation, character and function of VOR. The author emphasized that the system's essence is a manner for dealing with crime, discussed the system's character and function from some areas, and explained the system's connotation at full length. The character of VOR include criminal, dialogic, tenderness and restorative。The function of VOR include renewing social relation, the education and rectification to crime, reducing litigation costs, saving judicial resources. The part set the stage for the doubts from VOR and the author's point to the doubts.Part three, the doubts from VOR, the author not only analysed impersonally the doubts and anxious from VOR, but also advanced the system's practical plight, the article focused on analysis of deviation from the principles of conviction and penalty according to law, confliction from the concept of equality of everyone before the law, breach form the legal procedure of criminal litigation, decrease from the criminal function of generic prevent and impression from legality building, the author gave some explanation in theory, putted forward how to overcome our own shortcomings by learning from each other's strong points in judicial practice.Part four, prospect and expectation of VOR. This part is the keystone of the article. At present, establishing the system should suffer some obstructions, so we should improve the system from two aspects of legislation and justice. In this part, the author analysed eight aspects, as follows, one, whether or not VOR have feasibility in China. Two, the condition of apply VOR for a crime. Three, the confine of apply VOR for a crime. Four, the phase of apply VOR for a crime. Five, who have the right to start-up VOR for a crime. Six, the mastermind of VOR for a crime. Seven, the applicable mode of VOR for a crime. Eight, the ending of VOR for a crime.