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

The Analysis to Mediator in Criminal Reconciliation

Author ChenHuaYing
Tutor LiuMeiXiang
School Xiangtan University
Course Legal
Keywords victim-offender-reconciliation mediator pattern joint mediator
CLC D925.2
Type Master's thesis
Year 2009
Downloads 36
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The so called victim-offender-reconciliation mediator refers to the host of disputes mediation.Nowadays,the academic circles’s attitudes towards the victim-offender-reconciliation mediator is diversified in our country. In the judicial practice, our country victim-offender-reconciliation also showing a state of multiple situations. Courts, procuratorates, public security bureau and the people’s mediation organization are involved in it and each performs its own function. It makes some problems for the suitable application of the victim-offender-reconciliation, due to the differences existing in the character, functions and the obligation of the mediator. Through the analysis compare the practical operation of each mediator, we could find out that it is hard for litigants to make reconcile voluntarily. There is a great risk to directly take part in the victim-offender-reconciliation for judicial office as the mediator alone, and there are also many flaws for the people’s organization such as committees to operate the victim-offender-reconciliation. The victim-offender-reconciliation needs mediators who are skilled in law, have a full knowledge of the social situation and public opinions, well-trained and who are fair in dispute settlement. The guiding of public rights, participation and supervision in many ways, establishing the joint mediator between judicial office and nongovernmental organization is the best choice for victim-offender-reconciliation mediator.

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