Preliminary Studies On Restorative Criminal Responsibility

Restorative Criminal Responsibility refers to one kind of crime responsibility idea and the pattern that takes repairing the harm and restoring the relations as the entity burden orientation in the crime domain of violating individual law profit. Restorative Criminal Responsibility is opposite to the retaliatory or suppressive crime responsibility which takes exerting the harm and the pain as the burden orientation, it actually makes up, but does not depart from the contemporary mainstream criminal activity penalty theory——"Intergrative Theory". The evolving course of Restorative Criminal Responsibility of private crimes indicates that, Restorative Criminal Responsibility is actually the rebirth of the idea of atonement penalty that appeared before the strong king power society in the contemporary society of civil rights, freedom and rule of law. Restorative Criminal Responsibility needs and can obtain the reasonable annotation in elementary theory issues of criminal law, such as the law profit, crime essence, criminal activity legal relationship and legal responsibility: (1)The crime of violating the individual law profit is not the violation that aims at the abstract national or social entity, but aims at the individuals; (2)"Inspiring the authority" is not the basic task of the modern civil rights criminal law, maintaining victim's rights and interests and safeguarding that of criminal's are"two sides of the whole body"of modern criminal law functions, neglecting any side at the same time inevitably enable the criminal judicature not to sink into region of the righteousness; (3) in the concrete criminal activity legal relationship, the crime victim is the natural subject, the related country judicial organ is the subject of investigating the crime responsibility, or that of the judgment or execution, country in the overall significance cannot become the subject; (4) Repair and compensation of the crime harm is by no means a matter of civil liability, but is the basic entity burden of the legal responsibility which the criminal must shoulder. In fact, comparing to the relative retaliatory or suppressive responsibility, Restorative Criminal Responsibility has obviously and concrete superiority in pursuing the legal value of justice, order and forgiveness. Practice of overseas Restorative Criminal Responsibility and the exploration of the domestic Restorative Criminal Responsibility indicates that, the realization of Restorative Criminal Responsibility in our country should persist the principle of impartiality and legality, and that of fair and feasibility, and that of judicial monitoring, mainly carry on in the adjudication stage and execution stage, and carry on in the detection and prosecution stage limitedly.