Current Situation And Prospects

With the fact that the concept of "achieve repair of justice and rebuild a harmonious society" concept complies with Chinese national policy of building of a harmonious society, restorative justice, a theory emerged and developed in late 1990s, becomes a heat topic for domestic scholars. This theory evaluates a crime in multi-perspective, deals with the case through multi-method and supposes that there is a variety of ways to realize the hope that dealing with crime should be arrived through endowing criminal with power under the guidance of empowering people. It has made up limitations of traditional criminal justice. The purpose which used to punish criminal has been replaced by a humanism attitude of "punish one's crime instead of the criminal". Restorative justice concerns the harm suffered by victim, trying to completely repair social relationship and social order that are ruined by criminal. The aim of reconstructive justice is to recover social harmony, which means a lot for the reform of current criminal justice system.However, as restorative justice is imported from other nations, we must make much preparation for its adaptation to Chinese national situation. The first thing we should do is to clear its theoretical puzzle, which is that restorative justice is not to replace the role of traditional criminal justice, but an improvement for it. Restorative justice transforms the mode of criminal management on basis of affirming traditional view of criminal and its penal purpose. In reconstructive theory, country should not be considered as the only force to maintain social order. Various measurements should be used to cope with crime. Furthermore, reconstructive theory regards it better to punish mild criminal with uncriminal penalty.In view of this, restore justice was choosen to the object in this article. This article comprehensively introduces main contents and practical situation of restorative justice, and then offers a proposal how we can introduce restorative justice in our country wholly.The full text of the total is divided into four parts , besides the foreword and the conclusion:The first part, I introduced an overview of restorative justice. Section I analyze background of the restorative justice. Section II defined the concept of restorative justice, considered that reconstructive justice means both criminal and person affected by this crime get involved in whole process of the case to make up social relationship destroyed by the criminal. Section III Howard.zech was quoted to illustrate the author's opinion on the meaning of restorative justice. Section IV describes three common pattern of the restorative justice. Section V explored values of the restorative justice, restorative justice was considered to protect the interests of victims, and promoted people's reversion and balanced interests of the community, the collective and the nation, it also safeguard social justices and saved judicial resources. Section VI discusses restorative justice in general and special prevention function.The second part discussed the needs of introducing restorative justice in our country from three respects. Section I discusses the drawbacks in the tradition criminal justice, restorative justice remedy a defect of traditional criminal justice by humanistic care. Section II said our country want to build a harmonious society, "restore" ideas in restorative justice and fit with the concept of "harmony". Section III described with the rising of sports of the victims in the international scope, restorative justice is in line with humanitarian principles and international legislation, which is the trend of a new type of justice model and should be introduced.The third part introduced the practical situation of restorative justice in our country, ffocused on the Community-correction System and the Criminal Conciliation System under the guidance of the restorative justice. Section I introduces the concept of community-correction, in various provinces and cities in our country community-correction was carried out in full swing which has the essence of restorative justice features and the initial exploratory attempts. Section II introduced the overview and the practice of the criminal-correction in our country. Criminal -correction was the most important part of restorative justice, which was considered the most important theoretical basis in criminal-correction .criminal reconciliation was regarded as of the most vivid expression and the most direct manifestation of restorative justice.The fourth part put forward some shallow recommendations to introduce the restorative justice in our country. Section I consider if we will introduce restorative justice, we need to explain the confusion of the theory, in our country and in our justice system, restorative justice is not subversion the essence of the crime, it is a criminal justice model which thick they can punish crimes with multiple methods under agreeing with bases of crime is Infringing national interests. They can combinated in the existing judicial system because of the same value which is protection of human rights at the premise of keeping the exiting criminal justice. Section II located restorative justice in our criminal justice systems. In our country u restorative justice will only be a supplementary by the traditional criminal justice under the current conditions. Section III put forward the suggests about institutionalized construction of restorative justice. The author believes that restorative justice can only be applied to in very limited scopes, minor criminal cases and crimes with low malignant subjective, while heavy penalties is not applicable. Voluntary, equality, public powers should be noted when we use restorative procedure. Restorative justice can not be applied in the investigation stage; it only can be applied in the examination and Prosecution stages. Under the background of mediation culture in our country, People's Mediation Committee as a preside may secure neutrality and impartiality during the restorative justice.Through the writing of this article, the author seeks the significance of the concept of restorative justice for criminal justice reform in our country, and explore the current practice of restorative justice, and further proposed to how we can introduce restorative justice, how we can make restorative justice develop healthy in our country and give full play by its own advantage.