Research On Chinese Model Of Restorative Justice

Chinese model of Restorative Justice is the model based on carding the practice of the Restorative Justice in China systematically and conceptually. As a new judicial practice, although the practice of the Restorative Justice in China is similar to the practice around the world, it still shows native characteristics in some aspects. In order to get the explantory conclusions and solve the practical problems in our judicial system, it is necessary to research the practice of the Restorative Justice in China deeply.The thesis falls into five parts. The first part gives the definition of the Chinese model of Restorative Justice in forms and essence. It is holds that the formal concept of the Chinese model of Restorative Justice is the theoretical summary of the practice of the Restorative Justice in China and the essential contents of Chinese model of Restorative Justice is the different types of the practice.The second part is the interpretation of the normative documents guiding the practice of the Restorative Justice in China. In order to investigate the institutional design of the Chinese model of Restorative Justice, the interpretation is divided into six aspects: overview of the institution, applicable scope, applicable conditions, applicable stages with the disposal ways, operation mode and the supporting measures.The third part mainly analyses the "Placid Judicial" of Yantai City, Shandong Province.Based on data statistics, case analysis and the informal discussion with the staffs, the analysis is divided into three aspects:original background, running situation and existing problems.The fourth part mainly discuss the characteristics of the Chinese model of Restorative Justice. It holds that benefits accordance is the emergence cause, regulation and improvement in legal framework is the feature of the operation mode and compensation is the primary goal of the Chinese model of Restorative Justice.The fifth part stands on the judicial tradation and judicial envoriment of our country, prospecting the development of the Chinese model of Restorative Justice and giving some suggestions for it.