In Taiwan, the law science researchers have been ignoring how to protect the criminal victim’s right. Taking this into consideration, this article points out the drawback of criminal victim’s prosecution status and rights in our country by comparing with the criminal victim’s status and right in the other country and brings out that we should provide reasonable right and status to our victims in criminal prosecution —prosecution subject and prosecuting right concerned to emphasize the balance of victim’s right and defendant’s right. Under the limited judicial resources and increasing criminal cases and the lack of the ability to resolve the criminal problems of the punishment based on retribution , a series of special criminal procedures come into being, such as plea bargaining and criminal mediation. The criminal mediation refers that, in the criminal case, through the process of face-to-face contact between the offender and the victim ,the aim is to promote the communication and exchange of two parts, and to determine the solution of the crime. By taking restorative justice as core, the value structure of victim-offender mediation consists of just value and efficiency value. Survey of the victim-offender mediation system in Germany gives important reference for construction of victim-offender mediation system in Taiwan. Based on the view of the protection of victim, this article suggests that the mediation system from the Restorative Justices should be ruled on the “Summary Procedure”and “Mediation Mechanism”under the criminal judicial system in Taiwan.

資料來源:http://handle.ncl.edu.tw/11296/ndltd/31417086945780969415