Study On Restorative Justice In The Context Of A Harmonized Society

Restorative justice is a new kind of justice pattern promoted by western nations. Compared with retributive justice, restorative justice is aiming to compensate for the inborn limitations of retributive justice, so as to remedy the social-relationship-aimed justice pattern destroyed by crimes. Restorative justice, as a totally new perspective to deal with crime problems, plays a significant role on the theory and practice of china's criminal law. In the fourth plenary meeting of china's Communist Party's sixteenth central committee, it was proposed to construct a harmoniously socialistic society by the committee for the first time. However, the core goal of handling with conflicts in socialist harmonious society will be achieved through justice, efficiency and autonomy, which is consistent with the true value of restorative justice.This thesis explored from the origin of restorative justice, introduced its concepts and characteristics , probed into the issues on the basis of the constitutionalism and procedural justice theory, and afterwards inspected several practical patterns of restorative justice at abroad. In analysis of the foundation of the necessity and feasibility of building the restorative justice, the author put forward the discipline ,applying conditions and the scope of establishing restorative institutions in China. Furthermore, the author assumed the restorative justice from the prevention of crime to the spying and prosecuting period, from the trial courses to some restorative measures to the imprisoned people.