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On Communities In Restorative Justice Procedures

Posted on:2010-07-13Degree:MasterType:Thesis
Country:ChinaCandidate:S W ZhuFull Text:PDF
GTID:2166360278973771Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Community is very important to restorative justice practice. To study the role,the function,and the community construction of community in the restorative justice,we should make sure the community is existent. According to the status quo accredited point of view ,the rural community is still be there,and the urban community is still. Although the traditional unit communitis is extinct,but the unit communities are changed into modern communities,and the modern communities are the important social organization.The main attendee of restorative justice include: mediator, community, victim, lawyer, offender,and other people. Restorative justice pursues three restorative result: the restoration of victim, the restoration of community,and the restoration of offender. the restoration of victim relies on the offender's sincerely confession and the community's sincerely care. the restoration of offender also needs the community's care and supervision. And the restoration of community needs more effort from community itself. Therefore, communitis make an important effect in the practice of the restorative justice.The procedures of restorative justice is: have a meeting, communication, make the restorative agreement, carry out the restorative agreement. In this four steps, communities make an very important role. The community is the necessary attendee and supervisor of restorative justice. Few restorative justice practice refuse communities take part in the restorative procedures, but we think the community should be take part in the restorative procedures, and the community's rights should be protected, because of the basic theories of restorative justice.The community in restorative justice must be harmonious and have the community characteristic, but, Chinese urban communities are degenerate seriously. The main problems of Chinese urban communities is : the belongingness of the habitants of the community is faint, neighbour's association decreasing, the community culture and community language is losing, neighbours's relationship becoming more and more faint. Therefore, if China want a successful restorative justice practice, it must works hark to construct it's urban communities. The construction of Chinese urban communities include four parts: community organization construction; develop socialist culture and ethics; better design residence communities; give better service to resident.
Keywords/Search Tags:Restorative justice, Crime, Community, Community Construction
PDF Full Text Request
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