On Restorative Justice

After restorative justice risen since the 1970s was paid attention by scholars all over the world, restorative justice is a new criminal justice process , implemented by international criminal justice. For a long time, retributive justice and corrective justice have been the mainstream of the criminal justice. But, as in-depth understanding on crime and criminal justice, people have found that the traditional criminal justice has many defects. In the process of exploring how to eliminate the defects and solve the problems, people established a new model from the new perspective. So the theory and practice of restorative justice come into being. The theory of restorative justice stresses that in the process of dealing with the crime and criminal acts, must take full account of the needs of victims and communities, focus on the role of the victims and communities, concern crime's confession and repentance, encourage the crime to commit sincerely responsibility for the repair crime on victims and communities, play the role of preventing recidivism and reconstructing a harmonious community , rather than the state take punitive measures on the perpetrators . Judicial practice of many states have achieved better social effects, achieved social justice, saved social costs and judicial resources, enhanced the effectiveness of the criminal justice .Therefore, we should learn from foreign experience, absorb the concept of restorative justice, seek their relationship between victims, criminals and the community, so that our criminal justice process absorb the concept of criminals returning to society, achieve the parallel effects ultimately.This paper is divided into six parts. The first part is the background of restorative justice, from four facts talking about the impaction: changes of the penalty, the rise of victims' movement, exploration in the mode of dispute settlement, protection of human rights.The second part is the define of restorative justice theory, introduce the origin of restorative justice, concepts, ontology, distinction between restorative justice and traditional criminal justice.The third part is the value analysis. Analyze the value of restorative justice from procedural justice, human rights protection, order, efficiency, as well as harmony.The fourth part is the extraterritorial comparative study. Introduce the development of restorative justice in the foreign countries, such as Canada, the United States, Britain, Germany, France, as well as several main mode of practice in the foreign countries, after , introduce the three reconciliation types in domestic trial.The fifth part is the necessity and feasibility analysis of establishing restorative justice legal system, as well as the current obstacles of establishing restorative justice.The sixth part is the concrete ideas of establishing restorative justice, including applicable conditions, activate mechanism, the scope of application , criminal mediation institutions, the effect of the agreement and operation ,system protection.