Restorative Justice Being The Value Orientation Of Juvenile Criminal Justice

Nowadays, restorative justice is a new kind of justice model to deal with crimes advocated actively in Western society. Relative to retributive justice, restorative justice is intended to make up for its inherent defects. It is undeniable that the punishment of mankind is the oldest, the most severe, and is also considered as the most effective means to deal with crimes. But as a means of evil system of evil, though punishment may have the basis of justice, its application also has some inherent shortcomings difficult to overcome, such as the imprisonment of criminals. As a result, the offenders lose their freedom, dignity, and are rejected by the public. So prison, such a kind of close environment, is not conducive to the re-socialization of criminals, but strengthens their anti-social psychology, which often puts them into the danger of being imprisoned again. Today, as a result of this, the punishment is not becoming more and more severe as the crime viciousness continues to increase in mainstream society, but more moderate on the contrary. Its function is transforming gradually from unitary punishment to the diverse education, prevention and remedy. Traditional retributive justice is for the purpose of pursuing and punishing criminals. But today's restorative justice is based on the purpose of repairing the destructed social relationships by crimes, so it pays more attention to the balance between victim, the accused, community and national interests.Restorative justice, as a new model of criminal rule of law emerged in the western countries in recent years, is an informal method of dealing with crimes, with the adoption of restorative procedures to achieve the restorative results. That is a mode of administration of justice with interested parties to a specific crime participating in the activities to deal with the illegal criminals. The scientific concept and effective crime prevention and control experience that Achieve the restoration of justice, and Reshape the social harmony, attracts national jurists'attention and has become a hot topic. However, as a kind of soft and informal justice, the flexibility of restorative justice in the nature of crimes, criminal liability and judicial philosophy is just difficult to integrate with the rigid principles and policies in Chinese traditional criminal justice practices, which leads to disputes over the pros and cons of restorative justice and block its development in our country.Minors'ability to identify and control must be less than that of adults, so their subjective viciousness resulting in erroneous acts is naturally more moderate than that of adults. It does not only show the injustice of justice system itself, but also is the violation of minors'rights if they are applied to the same justice system as that to adults. Criminals are social people, and crime is a manifestation of the community. There is certain inevitability and rationality between the generation and existence of a crime. For crimes, especially minors'criminal acts, a community can not shirk its responsibilities, including family, school, societies and other factors. In recent years, China's juvenile delinquency cases are on a rising trend, which has a serious impact on the historical process of the building of a harmonious society and achieving sustainable development. How to effectively prevent, control and reduce the juvenile delinquency has become the topic which justice theory and practice sectors are exploring together. Juvenile group is a specific age group. The objective different physiological age determines the difference between their psychological age and that of adult population. But the main features verified by psychology and physiology can not be changed merely by the mandatory law, so an independent judicial system should be established for adolescents. The birth and development of Juvenile justice system affirms the independent and main social status of minors and is a breakthrough of the adult society model. Juvenile delinquency has raised the shock and concern of various social sectors, so protecting the legitimate rights of minors and establishing an independent comprehensive juvenile justice system has been imminent. How to make the juvenile justice system scientific and rational must be a major task for a country or nation's stability and development.The juvenile court has given birth to the development of China's juvenile justice system in the future. Since China's first specialized juvenile court hearing juvenile criminal cases was originated by People's Court of Changning District in Shanghai in November, 1984, the juvenile justice system with Chinese characteristics is gradually taking shape through more than two decades of constant exploration and practices. It goes with the historical trend of the development of criminal law and is becoming even better, flexible and full of humanistic care. According to the characteristics of minors, the special criminal subject, such as that their physical and mental development is not yet mature; their ability to distinguish between good and poor and self-control is not enough; subjective viciousness of crime is not deep and their plasticity is better and so on, the juvenile court takes different trial proceedings from that of adult crimes, and take special treating and preventing measures in a targeted manner suitable for minors'physical, psychological characteristics. Its combination of the punishment of crime, rehabilitation and crime prevention, implementation of education at the trial, integration of penalty and correction has achieved good results. Along with juvenile justice practices in more than two decades'period, in order to meet their continuous demand to juvenile justice, people are exploring on the way of achieving modern juvenile justice system, and have put in practice a series of new initiatives of rehabilitation, such as stay of prosecution, suspension of sentence, the round-table trial, community services, community supervision, the criminal settlement, The eradication of record and so on. The objectives of value and functions of these initiatives are pursuing nearly the same with that of restorative justice. That is paying attention to the balance between the victim, the accused, community and national interests for the purpose of repairing the destructed social relationships. The restorative measures in Juvenile Justice Practices truly embody the spirit of protecting not only the development of young people, but also safeguarding social order and peace raised in The United Nation's Minimum Standard Rules for Juvenile Justice, achieve more justice, and reflect criminal justice's value orientation of humanity care.Though restorative justice system is on the way of exploring to be improved in many aspects, it represents a new and advanced model of justice. When whether judicial system needs to introduce restorative justice model into our country is still controversial, we should start thinking of the change from Juvenile Justice, eliminate obstacles to consolidate the development of restorative justice in the juvenile justice system in China. The writer emphasizes on the convergence between restorative justice and juvenile criminal justice in areas such as the characteristics, purpose, nature, application form and function, as well as China's traditional base of restorative justice's localization and the realistic demand of localization, to discourse that the concept of restorative justice should be established, developed and improved in Chinese juvenile justice practice. Restorative justice is the value orientation of juvenile criminal justice and a good medicine to prevent and reduce Juvenile Delinquency.