On The Theory And Practice Of The Construction Of Restorative Justice Pattern

Restorative Justice is a kind of criminal judicature developed in the west in the past 30 years. It is a new kind of judicature that originates from the shift of criminal punishment and the movement of "protecting the criminal victims" and retrospects on the traditional judicature. It implies the concept of the balance among the victim (s) , the accused, the community interests and the restoration of social relations, and embodies the fundamental judicial principles of the protection of human rights, the justice of procedures and the justice of value. It triggers a new round of innovations in the field of criminal judicature, thus becomes a hot topic in the related academic area in the past several years. By surveying related theories and our legal practice, the article argues that Restorative Justice is a helpful complement to, but not a replacement of, our traditional judicature. Reasonably adoption of Restorative Justice will benefit the perfection of China's criminal judicature system and its development.