Thesis On Restorative Justice Process

The history of the development of criminal law is a history from uncivilization to civilization, from unrecklessness to reason, from severity to lightening, from antagonism to dialogue. Restorative justice is a new criminal law system, which develops form North America and Australia in the 1970's. For those offenders, restorative justice involves accepting responsibility for their actions, by repairing any harm they caused instead of being punished; For those harmed, restorative justice puts an eye on their damage right. And restorative justice repairs the damage relationship and it will meet the human seek for the value of justice, order and ratio. The study of restorative justice has become a wide law topic, which the whole world pays close attention to. Especially in China, because China is trying to build the harmonious social environment.In the preface of this article, the author explains the background of the development of restorative justice in western countries and author clears the meaning of developing restorative justice.In the first part, the author introduces the definition and essential factors and the relationship among restorative justice process, restorative justice and restorative outcome. According to the guide article named Basic principles on the use of restorative justice programmes in criminal matters, and the familiar opinions in the research works, the author proposes the rulers and some worthwhile problems of carrying out restorative justice programme.In the second part, explain the thesis and system of restorative process first, based on these, analysize some types of restorative justice and try to give some ideas to build our restorative justice model.In the third part, recommend the essential factors of restorative justice procedure in our country law syetems, and the exploration of imsystem in local judicial office at present. The author gives the following ideas: the transplant and building of a new system need a coincidence of culture, preparation of opinion and co-ordination of the law system; the research for restorative justice model must be carried out in the present law system more strictly; demonstrate some legal problems of obeying reasonable advance on restorative justice.In the fourth part, based on our present situation of criminal administration of justice and the definition of restorative justice, draw on the experience of other countries; before the criminal action, with the development of our present process of criminal administration of justice, the author designs the different ways in different periods for restorative justice in the near future in our country. The author is looking forward to putting the civil research study and practice on restorative justice forward.