Reference And Recollection: Localization Construction Of Minors' Restorative Justice

Restorative justice is a hot topic currently discussed in jurisprudential circle in and abroad. On the basis of referencing foreign experiences, justice practice departments of our country are commencing relative exploring and practicing. In the exploring process mixed with different voices, minors'restorative justice is carried through with success because of its special systematic belief and exploring position, and concurrently with problems as it has no basis in law. How to make minors'restorative justice accepted in the exploration with no basis in law? How to localize our minors'restorative justice on the basis of foreign experience? All these are questions that we have to face up to.Surrounding the questions brought on, this paper is divided into three main parts: the born of concept,the practice of concept and the recollection of practice.The first part is the analysis about the unfavorable situation of the majors'restorative justice. In recently twenty years, the rise of the new criminal justice innovating movement which is called restorative justice, has beaten the vitals of the modern criminal justice system and raise a new question to society of how to response to criminal and try to give the answer. It is a new thinking mode and have surpassed both classicalism criminal law theory and positivism law theory. However, due to its inherent limitation, it becomes more and more hot. There are many suspicions of using restorative justice in majors'justice area, but it is not quite the same in minors'justice area: the fact that minors transgress progressively compels us to think about how to deal with it, meanwhile, we can't follow the beating conventions which are used in majors'justice because of minors'special body and mind characteristic. In the game of beating and protecting, minors'restorative justice stealthily becomes international tide which is unavoidable.In the second part which is called practice of concept, author concludes two main localization characteristics of minors'restorative justice practice through our country, first is on concept, minors who commit a crime are brought into the victim, which materializes from two aspects that minors'crime should be forgiven and be corrected unbalancely in interaction; second is on operation, various restorative means and many systems that have characteristics of minors'justice derive from criminal reconcile, fully annotate criminal policy of combination of leniency and harshness. In the third part of recollect of practice, the author tries to solve the problems of the sense of exploring and the perfection of scheme through the practice of shanghai minors'justice. The exploring of sense tries to solve the problem of the confliction between reform and ruler and the realistic applicability of restorative justice. The second one tries to give some professional suggestions on the problems in the practice about the scheme.All in all, this paper studies on the local characteristic of minors'restorative justice trough the born, practice and recollect of restorative justice in minors'justice and tries to give some suggestions on practical problem solving.