The Research On Restorative Justice

Traditional system of criminal justice is retributive justice,but it simply punishes people and attacts crime.Crime is seen as the "isolated individual struggle against the ruling classes",as the protector of the social relations,the state convicts and sentences criminal,through the process of criminal justice,so that justice is served.This is harmful to the relationship of individuals revenge orretaliation,between the injured party and party and rises to the relationship between the crime and countries.At the back of powerful country's representative,victims often sadly find themselves placed in a "forgotten corner",the interests of victims and the community did not receive adequate attention.Since the 70s of last century,the rise of restorative justice boom around the world has been concerned widespread by scholars,the restorative justice has become a new criminal justice procedures that is implemented in the community to international criminal justice,and has a profound impact on the tend of the criminal justice in the western countries.Itclaims to solve the problems of crime through the consultation to victims and perpetrators,rehabilitates the victims who have been injuried because of crime,encourages the perpetrators to be responsible and have active attitude to return to the community,moreover,encourage community to involve in deal with crime. Restorative justice not only obtains the legal effect very good in practice,but also achieves a good social effect.In view of it,this paper considers restore justice as the object,makes the in-depth research on this question,applying the approaches of literature reviews and comparative analysis.This article is divided into six parts.The first part is mainly from the traditional criminal justice endogenous defects and the direction of Criminal Justice to discuss the meaning of researching restorative justice,at the same time analyse the current situation of restorative justice from academic conferences,researching institutes,and researching books.The second part,an overview of restorative justice, analyse the narrow definition of restorative justice given by scholars.For that reason,there should be a broad definition of restorative justice,that is,after the prejudicial action of perpetrators,the victims,the injured as well as cooperation with other relevant parties to resolve their disputes,in order to minimize the consequences of prejudicial action and to make the restoration of damaged social relations to a normal state.Then,analyse the characteristics and principles of restorative justice.At lase,generalizethemodel of restorative justice.The third part is divided into two sections.Sectionâ… analyse the functions of restorative from victims,offenders, communities,national judicial authority.Sectionâ…¡is the restorative justice value analysis,from the order,justice,efficiency,etc.The fourth part is the abroad comparative study.Mainly introduce the restorative justice development in foreign countries,and specifically introduce the practice of restorative justice in the Two Legal Systems, and analyze the similarities and differences,as well as reference to our country.The fifth part is about philosophy basis as well as the practical basis of Chinese restorative justice,and the problems in our country.Partâ…¥is about the concrete built of Chinese restorative justice under a harmonious society In view of Chinese status,there is an idea of specific operations,including the overall idea,the objectives of Chinese restorative justice,the application scope,the application stage,the starting conditions,etc.