Construction Of Restorative Justice In China

At present China is going through social transformation, companying with the social transformation is all kinds of economic and social contradictions, the consequence of the economic and social contradictions is the soaring crime. During the current time of constructing a socialist harmonious society, how to effectively prevent the crime and how to cure the damaged social relations after the crime are an important subject of legal workers and researchers. Excessive sentence owned by traditional China is contrary to the current social environment and social stage, the actual state of China needs new means of conflict resolution to relieve all kinds of crime problems produced by the contradiction between economic contradiction and social contradiction. So studying and performing the restorative justice popular in western countries is inevitable. But when we utilize the advanced experience and technology of foreign countries, we must consider whether our country has the suitable factors and whether all obstacles can not be conquered. The traditional legal culture of China has many positive factors like'harmony between man and nature' and 'no lawsuit' or the like, at the same time, the traditional legal culture of China also has many negative factors like lack of forgiveness or the like. When we construct the Chinese restorative justice, we need consider all kinds of factors and construct a restorative justice suitable for China.In addition to the introduction of the text, the article has four parts, by introducing the theory of restorative justice, discusses from the origin, development, practicing in China of restorative justice, demonstrate the necessity and feasibility of constructing restorative justice in China by means of comparative analysis. At the end, the article put forward the restorative justice suitable for China.The first part is the origin and development of restorative justice. The part mainly introduces the origin and definition of restorative justice, the development information of restorative justice in case law countries and civil law countries, and the value of the restorative justice.The second part is the practicing of restorative justice in China. The part mainly introduces the legislation information of restorative justice and the practicing effect of restorative justice in some areas of China.The third part is the necessity and feasibility of restorative justice in China. The necessity part profoundly analyzes the construction of right sense of worth, showing of judicial balance, cultivation of forgiving mind-set, needs of reducing crime rate. And the feasibility part mainly demonstrates the feasibility of restorative justice in China at the angle of 'harmony between man and nature','no lawsuit','criminal mediation','temper justice with mercy','criminal conciliation' and the study of restorative justice.The fourth part is the assumption of constructing restorative justice in China. This part main introduces the guiding theory and the concrete suggestions of constructing restorative justice in China.