Research On The Protection Of The Offender's Rights And Interests In Restorative Justice Process

Restorative justice is different from the traditional retributive justice. As a new type of criminal justice model, the most important characteristic of restorative justice is "restorative", which not only focus on the restoration of the victim and damaged community, but also focus on the restoration of the offender. On the protection of the offender, restorative justice interprets the crime and the offender from a new perspective, strives to explore ways to protect the offender's legitimate rights and interests, makes the offender truly repent and start anew, and makes him revert to the community smoothly. With restorative justice as the breakthrough point, this paper analyzes the protection of the offender's rights and interests in restorative justice process, studies empirically the status quo of criminal reconciliation on protecting the offender's rights and interests in China, and then puts forward the suggestions to build and improve criminal reconciliation system in China in order to improve the protection of the offender's rights and interests.The introduction of the paper introduces briefly the basic profiles of the paper, such as research scope, research status and research meaning, etc.The first part of the body is an overview of restorative justice. The part introduces briefly the implication, characteristics and operation mode of restorative justice, and expounds the background of restorative justice - the birth of the theory of victimology and the rise of the victim's rights movement as well as the reflection of prison correction and the new development of the concept of criminal's reversion to the society.The second part discusses in detail theoretical basis of restorative justice under the perspective of the offender, including the theory of restorative justice, the theory of procedural subject, the labeling theory of crime and the theory of reintegrative shaming.The third part analyzes systematically the protection of the offender's rights and interests in restorative justice process. This part elaborates on the protective functions of restorative justice process for the offender's rights and interests, including: helping to improve cognition of the offender and to strengthen their sense of responsibility; respecting for the offender's subjectivity, and contributing to the transformation of the offender's personality; being conducive to the offender's return to communities and his resocialization; being conducive to offender's correction, reducing the possibility of their recidivism. At the same time, restorative justice process is also faced with some challenges in terms of the protection of the offender's rights and interests. Restorative justice exists not only the possibility of damaging the offender's legitimate interests, but also the risk of palliating and indulging affluent offender to infringe on other subjects' interests.The fourth part analyzes empirically the status quo of criminal reconciliation on protecting the offender's rights and interests in China. First of all, the part clarifies the relationship of restorative justice and criminal reconciliation. And then it analyzes the driving forces of the emergence of criminal reconciliation in China centering on the protection of the offender's rights and interests. Finally, this part empirically studies the status quo of criminal reconciliation on protecting the offender's rights and interests, illustrates the values and institutional problems of criminal reconciliation on protecting the offender.The fifth part which is based on the above-mentioned analysis explores ways to build and improve criminal reconciliation system in China in order to improve the protection of the offender's legitimate rights and interests. The part makes clear firstly restorative justice should be established in the form of provisions of law. And then on the basis of learning from foreign experiences, it proposes the concrete construction and perfection of criminal reconciliation system in China. It firstly expounds the principles criminal reconciliation should be adhered to, and then puts forward the specific design and perfection of criminal reconciliation system from the aspects such as applicable scope, applicable conditions, applicable stages, specific procedures and so on.