배상과 화해에 관한 실증적 분석

A Study of Empirical Analysis on Restitution and Reconciliation

펼치기

It is the victims themselves who suffer the most from crimes. That's why in ancient nations, offenders were mandated to offer their victims restitution; those times were what we call The Golden Age of the Victim. Beginning around the ninth century, direct restitution by offenders to their victims cease to be practiced, mandating offenders(criminals) pay fines to the states. This made victims reduced to outsiders in legal activities; this age represents what we call the Decline of the Victim. Recently, however, there has been fresh recognition of victims' long neglected rights, thereby encouraging many countries to enact legislations on the rights and legal status of criminal victims; this movement might be correctly dubbed as the Revival of the Victim's Importance. What criminal victims want to seek are restitution and reconciliation. In other words, victims may be enforced to make restitution to their victims, on completion of which the state can grant exemption or commutation to offenders. Some of these reconciliatory models are Victim-Offender Reconciliation Program: VORP), Family Group Conferencing, Circles, and Citizen Panels. The success of restorative jurisdiction depends upon how successfully restitution and reconciliation can replace punishment and whether this revolutionary system can effectively prevent second offenses and facilitate criminals' re-socialization. It still remains to be seen, but there have been studies that report positive findings. In order for restitution and reconciliation programs to be successful, its implementation should be extended from minor crimes to heavy legal offences, and active participation and willingness of the parties concerned(nation, community, victims, and offenders) are also crucial. It may not be too much to state that one of the most important duties of a country is facilitate constructive resolution of criminal cases by means of restitution and reconciliation rather than by mere punishment of legal offenders.