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Victim-Offender Mediation and the Role of the Public Prosecutor
A Comparison of Germany, Taiwan, and China

Meng-Chi Lien (Taiwan)

Ph.D. Project

Mediation in criminal matters (MIC) is widely recognized as a viable alternative to more traditional and repressive responses to crime. As part of the restorative justice movement, MIC has achieved widespread attention in many countries. However, the development of MIC has been quite different in Germany, Taiwan, and China. In addition to extensive variations in legislation, e.g. a complete legal framework and widespread acceptance of MIC in Germany versus severe restriction in Taiwan and China, in practice German public prosecutors are overly prudent in referring cases to mediation agencies, whereas the Taiwanese and Chinese public prosecutors have demonstrated great enthusiasm in employing mediation frequently, despite different goals motivating the use of mediation in both context. This sharp contrast provides the fertile basis for this comparative research.

In light of the fact that only a few MIC studies have aimed to address the problems and needs from the position of the public prosecutor, it is the intention of the present research to examine the required preconditions for an extensive MIS application from the viewpoint of the public prosecutor.

Research Interests and Goals

Victim-Offender Mediation, Public Prosecution, Undercover Investigation, Exclusionary Rule

Curriculum vitae

Since April 2008 PhD Candidate of the International Max Planck Research School on Retaliation, Mediation and Punishment (IMPRS REMEP) at the Max Planck Institute for Foreign and International Criminal Law in Freiburg i.Br., Germany
June 2005 Master of Laws, Department of Law, Division of Criminal Law, National Taiwan University, Taipei, Taiwan

Thesis: Prohibition of Evidence obtained from Supervising Telephone Communication

2002 National Exam for Judges and Prosecutors in Taiwan
2002 National Bar Exam in Taiwan
June 1998 Bachelor of Laws, Department of Law, National Taiwan University, Taipei, Taiwan