Restorative Justice: A Immature Path

The rising crime rate and the high rate of recidivism has been a chronic problem plaguing human society. Today has been called "the most reasonable penalty system" traditional criminal justice is still inadequate to solve it, and then provides a space for restorative justice. Restorative justice, as an alternative of settlement mechanism of criminal dispute, denying punishment, exclude the dominant position of state and social to solve the crime problem , and that the crime is a conflict between the individuals, encourage victims, criminals and communities affected by a crime, as well as other stakcholders to join, stressed the importance of dialogue and consultations, promote criminals to take responsibility for victims and community, thus repairing the damaged social relations and to help criminals re-integrate into the community, in order to rebuild a healthy and harmonious interpersonal relations.Restorative justice, as a New Hope of the current plight of criminal justice, get the full attention from the theorists and practice of the criminal justice. However, there are shortcomings of the basic theory of restorative justice, and the practical results without protection. Restorative justice can be used as a new trails for the think of criminal justice, but it does not become a practical model of criminal justice, blindly promoting the practice of the theory that immature. The hope will become a disaster.This paper is divided into four parts, through the introduce of the system of restorative justice, see sidedness of the idea in penalty. Discussion of the relationship between it and traditional criminal justice, in a restorative justice theory there are a number of defects which will result difficulties in practice, Finally, based on the tremendous differences between restorative justice and the criminal justice, deny the feasibility of restorative justice in Chinese criminal justice.The first part introduce the basic theory and the advocates in practice of restorative justice, that utility and justice is the value target of restorative justice. The rise of a civil society and community governance put a tremendous impact on the development of restorative justice.The second part analysis the penalty of restorative justice, see irrationality of restorative justice which discare the value of retribution and role in general prevention. The sidedness of individual preventive will bring the tension inevitably between restorative justice and traditional criminal justice. As an alternative of settling disputes in the criminal, Restorative justice will depend on the support of traditional criminal justice and sound it, shake the system of traditional criminal justice also subject to distortions.The fourth part is about the differences in cultural factors, economic infrastructure and the judicial system between the North American continent which gave birth to restorative justice and Chinese, that restorative justice is not required by Chinese criminal justice and there is no space for its development.