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On the Perfect of the Victim-Offender Mediation System of Our Country

Author: WeiAnFeng
Tutor: JiangZuoLi
School: Shandong University
Course: Legal
Keywords: Victim-Offender Mediation appliance existing condition perfection
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 140
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Abstract


With the rise of the movement of protecting the victim, traditional criminal judicial philosophy has greatly changed. How to balance the two goals of protecting the victim and returning the offender to society is a significant and inevitable issue the world is facing. The victim-offender mediation system which is originated from the west is a rational choice which is to bring down social conflict and protect the victim in the guidance of multiple criminal lawsuit value concept. In the background of the theory of constructing harmonious society and the policy of tempering justice with mercy, the build and perfect of the victim-offender mediation system has been explored continuously. However, the research of the theory is now be in fumble stage, also, the victim-offender mediation system is limited in the judicial practice of various regions.Through system research of the victim-offender mediation theory and deep analysis of existing condition of our country’s victim-offender mediation, this article is to submit perfection suggestions and realize its value.This article is divided into five parts:The first part discusses the definition, the nature, characteristics, and differences and related concepts of the victim-offender mediation. Compared with the traditional way of handling the case, we Sum up the unique features of the victim-offender mediation, on the basis of the Summary of the previous definition,the Author defines the victim-offender mediation. The victim-offender mediation has four functions. To promote the recovery of social relations and resolve conflicts, to promote the return to society of the Offenders and Prevent re-offending, to protect the rights of victims, to have a positive impact on the criminal justice.The second part discusses the Origin of the theory and practice of the victim-offender mediation. The author analyzed a number of representative Chinese and Western views, such as the balance of theory, narrative theory to restore justice theory. Domestic scholars believe that the theory of harmony, cultural theory of No defendants and practical reason are also the Origin of the theory of the victim-offender mediation. The author also discusses the social background and the origin of practice of the victim-offender mediation.The third part discusses the appliance of our country’s victim-offender mediation, including its mode, applicable stage, applicable condition, applicable scope, the presider of victim-offender mediation and applicable principle. Besides, the author proposes that the victim-offender mediation can be used in investigation stage, sue examination stage, trail stage and executive stage.The forth part introduces the existing condition of our country’s victim-offender mediation, including several aspects as followed:the legal basis of victim-offender mediation in China, the practical characteristic of our country’s victim-offender mediation and the related problems our country is facing, In addition, about the problem of the victim-offender mediation, the author analyses it from theoretical level, systematical level and operational level.The fifth part puts forward to perfection suggestions, including theoretical level, systematical level and operational level. As for the perfection of systematical level, to perfect related legislation and supporting system is important. For instance, to perfect Criminal Law and Criminal Procedure Law, the system that the state compensate the victim, community correction system, survey mechanism, supervision mechanism and so on.The conclusion part emphasizes the value of the victim-offender mediation system. Meanwhile, it submits that related problems existing in victim-offender mediation system still need explored continuously.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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