The Xingshi Hejie: Criminal conciliation in mainland China and in Taiwan.

Source: (2011) Paper presented at ACS (Asian Criminological Society) 3rd Annual Conference – Dec 2011 NTPU Taiwan.

When we say Xingshi Hejie (刑事和解)1, which could be translated as “victimoffender reconciliation” (VOR), we are talking about a conciliatory practice that was only recently implemented in China’s criminal legal system2 although, despite its recent appearance, it has very ancient roots. It is founded, basically, on a choice that the person accused of minor criminal offenses makes to enable a conciliatory procedure, with the consent of the judge and the prosecutor, in order to obtain a less severe punishment at the end of the judicial process.3 It is a procedure that allows the victim to receive and promotes the offender’s repentance, in fact very often the rules of Xingshi Hejie emphasize the formal apology from the offender to the victim and society, or his acts expressing repentance and contrition.4 (excerpt)