On The Feasibility Of Restorative Justice Nativism

Crime has plagued human society with a long history.Even though the wheel of history has entered a compromise penalty time,but in the face of rising crime rates and high repetition rate of the grim reality,the traditional criminal justice is still a little stretched.In 70 years of 20th century,based on the endless reflection of traditional criminal justice society and more victims of execution was done,the West society begin to explore another tirelessly to solve the new paradigm of social conflict. Thus,the rule of law in North America,highly developed soil,gave birth to a "new" model of criminal justice - restorative justice.It solved the contradictions and conflicts which is different with the traditional idea of retributive justice.Taking raising the status of the victims as the basis,it focuses on balance between crime, victims and community,emphasizing the rehabilitation and reconstruction of a harmonious social relation in order to show the world its unique charm and impact. Perhaps highlights the criminal justice because they can have a "love and tolerance," the charm of the alternative,in a short span of three decades,restorative justice is popular by the West as well as advocate of the United Nations which has aroused wide attention from all over the world.Leading Western countries and the world reform criminal justice in the kind of trend.Of course,the charm of restorative justice also attracts the notice of scholars in China,which has brought a big shock in my country and has become a hot industry topic in practice and theoretical circles,causing restorative justice for the continuing study of high temperature.The restorative justice theory and practice of model introduction of restorative justice model is much appreciated by scholars.After a cool-headed,it has also heard opposition.After all,endless debates have focused on the topic on an old - to consider the feasibility of the law on transplantation.This article is based on this thinking,and tries to explore the nature of restorative justice on the feasibility of localization.Our country is in a social transition.The sharp social contradictions and conflicts triggered fierce rising crime,deteriorating law and order forms,a single model of the traditional criminal justice in this context have been unable to deal with the circumstances,and it needs a multi-faceted approach to effectively deal with crime with a view to achieve the effect of society and the legal effect of perfect unity. Restorative justice at this time shows us an alternative solution which is different from the traditional model of justice.We have every reason to look forward to learning to restore justice;because there is no doubt that restorative justice is complying with traditional criminal justice unmatched advantages.We also need to be aware of restorative justice itself,there are also some shortcomings,and it is not perfect;the transplant and the legal system is a complicated problem.Scholars studying the current restorative justice can not achieve in our country reach a consensus opinion on whether the localization could be realized.All these factors show that it is very important for studying the necessity and feasibility of the localization of the system.In addition to the introduction of the text,it is divided into four chapters. Through expatiating the restorative justice theory,such as the concept of restorative justice,its feasibility of in the localization of Chinese social structure,the system level,some aspects of judicial practice,etc.Anglicizing and comprising the methods adopted in building Chinese restorative justice,it must restore the perspective of its many obstacles and advantages of the introduction.Finally,it comes to the conclusion, even though there is a long way to go,but it has basically been with the survival and development of its space with the platform,combined with the specific circumstances of our country and realizing the localization of restorative justice is feasible at the present stage.The first chapter is about the brief of restorative justice.Introducing the concept of restorative justice with the characteristics of restorative justice,it is to clarify the basic idea----restore,balance;and puts forward to problems that need to study restorative justice. Chapter two is the social structure which impacts the legal system.Firstly,through the analysis of restorative justice with the public relations society,,and then analyzes the current social structure of our country,pointing out that to a certain extent that the development of civil society and community restorative justice are the social basis of civil society at the present stage of our country,it must have been the development of communities and is also the foundation and the possibility of existence,which demonstrated that the restorative justice practice in our country is in accord with the social structure.Chapterâ…¢discusses the idea of some obstacles in localization restorative justice, such as country-based values,heavy concept and the idea of the concept of religious differences.Then from the concept of harmony,it shows that in our country,the concept of restorative justice coincide,demonstrates through the comparison of the localization of restorative justice and the feasibility of the concept.Chapterâ…£,from the criminal law system and criminal policy strike psychological, negative factors,such as the traditional restorative justice,localization systems,exist at a certain amount of incompatibility;there are also some positive factors,such as the mediation system,the practice of the criminal settlement system,the execution system, exploring Criminal Policy of Combination of Leniency and Harshness.Through comparing and analyzing both positive and negative factors,it demonstrates that restorative justice in the field of criminal justice practice and development of space,is worth introducing restorative justice system.