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Research On Restorative Justice

Posted on:2010-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:X X ZhouFull Text:PDF
GTID:2166330302956106Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Recently, mainly due to the movement of the victim's right and the failure of the mainstream Criminal justice, one revolutionary called restorative justice has arose in the west. As a theoretical framework, restorative justice is quite different from the traditional criminal justice system. Restorative justice views the crime as a violation of the people, the victim. the community and the offender himself are harmed by the crime; The crime brings obligation and responsibility, the offender should pay for the loss of the victim and the community, the community should take the responsibility for the corrected offender to be reintegrated into the community; The victim, the community and the community are all the parties; they take part in the restorative procedure and collectively decide how to deal with the problem of the crime. The objection of restorative justice is restoring the victim,the offender and the community.In this article, the author analyzes the background of the revival of restorative justice, traces back to the origin of restorative justice, contrast the philosophy basis and value between restorative justice and the traditional criminal justice system. Restorative justice theory adjusts the traditional theory's basic assumptions about crime, the criminal, and the origin of crime, restores the criminal to social man, the crime to social phenomenon. Its understanding about the real nature of criminal acts is very deep.Restorative justice concerns the rights of victims, corrects the revenge justice concept of traditional criminal justice, and improves the economic efficiency of the judiciary. This paper studies the value of restorative justice, analyses the positive significance of restorative justice. There are real obstacles to introduce restorative justice in our country, but this does not prevent the exploration of restorative justice in china.There are real obstacles to introduce restorative justice to our country, but this does not prevent the exploration of restorative justice in China. Last, this paper gives measures for the formation of restorative justice system in our country.
Keywords/Search Tags:Restorative Justice, Compensation, Mediation
PDF Full Text Request
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