Research On Restorative Justice Under The View Of Harmonious Society

Modern restorative justice is a kind of new penal policy, which is based on concern of various needs caused by crime and self-examination of traditional penal policy. At present, It does not have the unification and accurate definition in the theory. restorative justice belong to the imported product, but many ideas actually have commonly place with the harmonious society which proposed with our country-construct. In harmonious society, the deficiency of traditional penal policy has become more and more obvious. So we must reconsider the orientation of penal policy. Restorative justice can anti-crime Effectively and maintenance society's harmony by the unique superiority of which facilitates "3R" the idea realization, emphasis the society's maintenance and reconstruction which is destroyed by the crime .Therefore , faces the high crime-rate in our country's reforming time, the traditional criminal penal policy has had a mind under the incapable situation, It's especially essential to introduces restorative justice. Because the restorative justice has the rich native resource and social basis in China, It's feasible to carry out in the penal area .Although the restorative justice is Sweeping World by its brand-new idea and the good experimental effect, but bright and beautiful halo could not conceal the worry from heart, Restorative justice has various kinds of limitation in self-orientation, principle, function and system design. To some degree, the limitation has become the bottleneck of restorative justice's development. To restorative justice's development, we should do more research and find a reformational way to break the inherent limitation of restorative justice corresponding with the situation of our own country, our society and our people, except to continuing to hold the reasonable factors of restorative justice, reform the justice principle and abolish the thought of strict-law.