Restorative Justice And Using It For Reference To Chinese Indictment

Restorative justice is a new model of justice, which advocates that justice should repair the damage and rebuild the social relations of equality in the mediation and consultations. In comparison With the traditional retaliatory justice, restorative justice is more "sophisticated." In recent years, the current upsurge in the study and practice of restorative justice echoes with stressing relief execution criminal policies, and building a socialist harmonious society, and guides the direction of the forthcoming revision of the Code of Criminal Procedure. I'm engaged in indictment, which is a nexus in criminal and has a unique advantage in implementing criminal policy, and should play an important role in building a harmonious socialist society. Calm justice, relief execution, harmony promotion is the goal pursued by me. But the deficiencies existed in the indictment philosophy and system become a serious obstacle to harmonious justice. I believe that restorative justice concepts should be introduced in the reform of the indictment system. Deferred Prosecution is specific performance of indicted cheaper doctrine, which has successful operation and judicial practice abroad, and gradually becomes one of the criminal proceedings accepted by all. My focus from judicial practice, I analyse the current criminal background and the underlying reasons, and inspect the history of development of the suspension of prosecution. In my opinion, Deferred Prosecution should be recognized in the legislation in China, because of both the necessity of creation and the existence of viable local resources. Besides the creation of Deferred Prosecution systems, we should also create corresponding normative systems and related ancillary system reform.