Misdemeanor Criminal Policy Under The View Of Restorative Justice

As the wheels of history drive into a new century,the accelerated pace of social life makes the contacts and frictions between people more frequent. In a society in transition,conflicts of interest become more various and complex, and contradictions increase rapidly,this naturally led to the reality of China's high crime rate. With the invasion of value and foreign culture and the rise of civil rights consciousness,the crime-prone state of our country becomes difficult to stop,and social security is in poor condition.Looking at the status of China's contingent of crime statistics,among the various types of crime,misdemeanor cases accounted for a large proportion. Dealing with minor offenses,China follows a similar pattern with ordinary criminal cases,which not only caused a large number of the limited judicial resources be taken by minor criminal cases,but also is not conductive to China's current construction of a harmonious socialist society.Misdemeanor criminal policy is not an isolated autistic policies and measures,based on the current crime situation and building a harmonious society,the meaning of giving a new perspective to improve the model of dealing with misdemeanor cases has important practical significance.In the process of searching for reference,the non-criminalization,non-penalty-based and non-custodial,which are the guiding ideology of misdemeanor criminal policy,fit the concept of restorative justice which is recommended by western society.Since the age of 70 since the 20th century,Western society began to explore the restorative justice to resolve social conflicts. As a new criminal justice model, restorative justice represents an innovative spirit and a new legal culture.It has a major impact to the reform of the criminal justice system and community building.With its restoration concept spreading in our communication,in the areas of legal practice we try to apply restorative justice and adopt restorative practices program.Our traditional culture and mediation foundation,have laid a solid foundation for the establishment of the restoration philosophy in our country.It should be noted that the domestic restorative justice could be for "minor"criminal cases.But how to use the reasonable factors of restorative justice,and how to improve the details in process of integrating misdemeanor criminal policy with restorative justice,are short of systematic application-oriented research.In addition to the introduction and conclusion of the text,it is divided into four chapters.By brief description on domestic and international restorative justice theory and practice,and based on briefly description on the conception,characteristics and practical model of restorative justice,it presents the development trends of misdemeanor criminal policy in our country,which fits the concept of restorative justice.By comparing,from the theoretical and practical aspects of minor criminal policy, it discuss the necessity and feasibility of integrating misdemeanor criminal policy and restorative justice.Also it analyses the difficulty to adopt restorative justice, according to the theory and concept obstacles.Finally,it analyses the path to achieve successfully integration of misdemeanor criminal policy and restorative justice.The first chapter briefly explained restorative justice theory and practice,and also describe the concept,characteristics,and practical model of restorative justice.Chapter two pointed out that misdemeanor criminal policy fits the concept of restorative justice.Firstly,set out our crime situation and current building a harmonious society requires misdemeanor criminal policy, and then pointed out that the requirements of misdemeanor criminal policy and the spiritual essence of restorative justice are the same.Chapterâ…¢analyses the necessity and feasibility of introducing restorative justice to the misdemeanor criminal policy of China.As there exists problems in our current model in dealing with minor cases, traditional models of justice and penal system,so it is necessary to adopt restorative justice.Then analysis its feasibility based on theory and practice.Chapterâ…£starting from the practice of criminal justice in China,bringing forward reasonable proposals on the path to achieve successfully integration of misdemeanor criminal policy and restorative justice,expecting supports to the reform of China's criminal justice system.