| Victim-offender Reconciliation System has been the hot topic in resent years on theresearch of criminal law. The Idea of Restorative Justice Rising and some specific practices ofcriminal dispute settlement which included in it have greatly challenged the traditional systemof criminal theory but also caused people’s deeply thinking. In this paper, We pass over thepositive of function and valuation directly to the Basic Defects of it, on the basis of originalachievement, then put forward the author’s perfect suggestions. The text consists of fourparts:Part one: The present situation of victim-offender reconciliation in China. This partmainly talk about the different concepts between judicial world and theory circle.Except that,the author also hackled the focus during this system application. Including the issues ofjustice and realize, the populace identification, and development future.Part two: The basic defects of victim-offender reconciliation.infront of this part, theauthor analysis the difficulties of this system to consilience the basic principles of criminallaw,and point that the key of this problem is somebody ignored the significance of the dueprocess,the breakthrough in definiteness,the insufficient basis of lightand postponetreatment,and castigates about differential treatment. The rest contents is the defects ofbenefits improve of the system and the protection in subject’s right.Part three: The forming reasons of victim-offender reconciliation. The author concludefour point to interpretation these phenomena:The first is that the theoretical source had seriousvulnerabilities; The second is that the difficulty to equilibrium protect legal interests hadimproved; The third is that the phenomenon of two element–cross in liability undertaking hadappeared; The last one is the unique attribute of victim-offender reconciliation rejectionstandardization legislative.Part four: Prospect of the Criminal Reconciliation. This is the last part, the authordoesn’t put forword some System Design and Legislative Suggestion as others’ artical, butaccording to the basic defect and the forming reason of Criminal Reconciliation mentionedabove, present some macroscopic views about its future development. It is not onlysuggestions, but also some warning and reminding. |
