The Search For Restorative Justice Proceedings In The Basic People's Courts

From the 70's the Restorative Justice is come into vogue, and is extended energetically by United Nations as one kind of new judiciary pattern in the Western countries. Restorative Justice is one kind of the activity replacing the nature judiciary , it mediates by neutral third party participation,in committing a crime and quilt building one kind of conversation relation between harming method, make to commit a crime person undertakes responsibility averting both sides conflict on self's own initiative , purpose is from deep-seated the human relations in society resolving contradictions , renovating being derided.Not only, the idea Restorative Justice agrees with the Chinese tradition culture , also accords with the scenery building real wish of harmonious society; Request satisfying criminal modest restrain nature , criminal cheap doctrine not only, also can in current laws system find prop up. On fifth time of the whole nation criminal trial working conference,the Xiao Yang president suggests that "the exploration tries the Restorative Justice having enlarged the compromise mediating dynamics , promoting an interested party , be over making great efforts to realize the minor crime criminal case first instance telling law case and other slight criminal case to criminal interest". Lead Restorative Justice in our country will help us resolve the difficult problem, rights and interests beneficial to ensuring the victim conscientiously, beneficial to the community corrects development of job and maturity.Bases such as running the principle Restorative Justice procedure must abide by volunteering , participating in principle , court leading factor principle , group peace negotiations principle , piecewise recovery principle in trying stage reality.Try a stage's the Restorative Justice can be recover get it in gear , ready , preliminary , follow-up mark restore four stages. Various human relations in society recovering being encroached on by committing a crime in law case ways like the convention who brings a period to trial , adopts namely to convene compromise after the court can prepare to decide to start the judicial procedure restoring nature and be responsible for forming helping , changing coercive measures and so on restoring the nature judiciary implementing the group , the group accomplish work out recovery scheme , providing a law . The court will consult recovery effect of first step acting as out a judge to law case , will continues accomplishing not be completed the judge who restores measure , carries out a court , the damage committing a crime with complete recovery bringing about to the human relations in society finally from every special agency.