The Xingshi Hejie in Chinese and Taiwanese Law
This chapter analyzes the institution of the VOR in both the PRC and Taiwan. First of all it is important to point out that in the PRC as well as in Taiwan different conciliatory mechanisms are effective, both in civil and criminal matters. They are placed at different levels, both pre-trial, that involve the social workers who handle the case, and after the criminal investigation, where different powers in reconciliatory perspective are reserved to the prosecution and to the judge. It is therefore important to isolate and identify the institution of the VOR and to also define in which different versions it may arise. Even before these distinctions, it is important to discern what criminal mediation is and what restorative justice is.
KeywordsRestorative Justice Criminal Code Criminal Case Criminal Proceeding Criminal Procedure
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