Criminal Reconciliation Of The Road

Nowadays, mitigation of punishment has become a world trend. The way of victim– offender mediation, as an innovative mechanism for the resolution of criminal cases, meets the needs of building a harmonious socialist society in China and is widely recognized by the judicial field in theory and practice. Victim– offender mediation resolves criminal disputes through consultations between the relevant parties. It pays more attention to the expression of the victim's will, which could help the victims regain their dominant position. The aim is to repair the social relations damaged by crime so that the victims could receive due compensation and comfort, repent of their criminal deeds in a sincere way and go back to the society. Victim– offender mediation could not only give a full protection of the victims'legitimate rights and interests, but also improve the litigation efficiency, save judicial resources and produce the win-win result for both the parties and the nation. However, the construction of the victim– offender mediation system must pay attention to the differences of the history, culture, and national psychology between the western and the eastern countries. It must build a concrete and feasible victim– offender mediation that accommodates to China's condition by detecting the feasibility and legitimacy based on Chinese traditional culture and national customs. Therefore, the author makes a research on the localization of victim– offender mediation in China by adopting the methods of historical analysis, case analysis, comparative analysis, and so on.The author will illustrate the localization of victim– offender mediation in China in the following three aspects.The first part is an overview of victim– offender mediation. In this part, the author contrasts and compares the different views on the concept of victim– offender mediation held by scholars, and then summarizes the view that victim– offender mediation happens when the two parties reach an agreement that is confirmed by the national authority and a lenient punishment is given to the offender based on the confirmed agreement. To give a better understanding of victim– offender mediation, the author illustrates the characteristics of victim– offender mediation and its differences and connection with reconciliation, plea bargaining, restorative justice, compounding, lightened penalty with money, and so on. Besides, it also does a thorough analysis and discussion on its function in promoting the resolution of disputes, saving judicial resources, and resolving social conflicts.The second part is the feasibility analysis on the victim– offender mediation in China. In this part, the author makes a discussion on the feasibility of victim– offender mediation in China at the current stage from four aspects. The first is the ideology and culture base, and that is the thought of harmony in the traditional culture in China. The second is the social practice base, and that is the beneficial exploration conducted by the judicial organization. The third is the law and policy base, and that is the relevant provision and the judicial policy combining leniency and punishment. The fourth aspect is the judicial system, and that is the regulation similar to victim– offender mediation in ancient China.The third part is the suggestion on the construction and improvement of victim– offender mediation system in China. In this part, the author proposes the suggestion on the construction and improvement of the victim– offender mediation system from the aspect of the principle of legislation, the specific system design, and the protection mechanisms. The author believes that, in the first place, the corresponding provisions should be added to the criminal law and criminal procedure law to provide basis for the construction of victim– offender mediation system in China. Second, the author elaborates the construction and improvement of victim– offender mediation system in China from the points of subject, case scope, applicable conditions, liability, settlement agreement, mode selection, settlement period, the general procedure and the specific relief procedure of the victim– offender mediation. Finally, the author discusses the protection of the victim– offender mediation system to avoid the occurrence of the alienation of victim– offender mediation. It proposes the measures of establishing monitoring system, deferred prosecution, and victims'compensation to protect the effectiveness of victim– offender mediation system.