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Applicable Scope Research Of Restorative Justice

Posted on:2010-11-17Degree:MasterType:Thesis
Country:ChinaCandidate:B J ZhaoFull Text:PDF
GTID:2166360278972383Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
First defines the concept of restorative justice, and expounds the theoretical basis of restorative justice. Restorative justice is called again, both restoration judicial justice restorative English translation. For now, not a restorative justice can be widely accepted concept. Restorative justice can be traced back to the 1970s, for leniency trend and to the victim's rights, the western legal reformers put forward, and the theory of restorative justice in Britain, the United States, Germany and other countries of the judicial practice is widely used in 1990s restorative justice is developing vigorously get, the United Nations and other international organizations also formulated a series of resolution of restorative justice in guiding system construction of restorative justice in the connotation of the definition, but no unity can be summed up the general characteristics, contents and procedure, we should realize soberly in China build restorative justice and there are many obstacles, also have some beneficial factors restorative justice system construction.The rise of restorative justice movement of western philosophy and social science in the postmodern theory of influence is basically. Restorative justice is the western postmodernism in the field of criminal justice. The social basis of restorative justice, civil society the revival of the concept of restorative justice to the state and society, make good interactive restorative justice to flourish. The concept of restorative justice of retributive justice is the concept of restorative justice instead. Based on the balance of interests of restorative justice is the idea that the victim, the criminal community of interests with consistency, should receive equal attention. The generation and development of restorative justice by participatory democracy. The social basis, restorative justice theory, the theory of crime victim, community justice theory, the theory of crime labels Second emphasizes the scope of restorative justice. The main restorative justice for the young adults, and faults, preparation, the criminal offense and suspend crime, etc.Restorative justice applicable crime types. The criminal responsibility in criminal lawsuit types including minor criminal cases, negligence, juvenile crime, but can also include the crime types.Finally, the applicable scope of restorative justice and system. From the main theoretical research on the limit for shortage of applicable, Chinese society, China's system of the restrictions for three aspects are discussed in this paper. Then in China how to construct the system of restorative justice.
Keywords/Search Tags:Restorative justice, Applicable scope, The criminal reconciliation
PDF Full Text Request
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