Research On The Implementation Of Restorative Justice In Domestic Violence Crime

Domestic violence crime is the violent acts among family members, which has offended the criminal law and should be punished. Domestic violence crime exists widely. The reasons include the existence of authority over the household, family income gap, the influence of work stress and marriage crisis, the lack of efforts of grassroots community and the incomplete relevant legislation. It can be divided into four types, such as the violate acts to women's life and health, reproductive freedom, personal freedom and sexual rights. Restorative justice is a process that all parties involved in a specific criminal act get together to discuss how to resolve the problem and its impact.China's legislation and justice upon the domestic violence crime has many shortages. Domestic violence is neither been ignored, nor rejected because of insufficient evidence, which lead to the result that domestic violence crime is short of effective prevention and control. However, the implementation of restorative justice in domestic violence crime can not only reflect the best interests of the victims, but also promote the communication between the offender and the victim, which can play a good role in the prevention of domestic violence crime. At the same time, it has provided the basis for the implementation of the restorative justice that the tradition of the mediation, the culture of "Harmony is precious", and the existing criminal justice system. In a word, the implementation of restorative justice in domestic violence has the necessity and feasibility in our country.The extraterritorial law and legal practice has also proved that restorative justice can be used in the crime of domestic violence, of which we can draw on the experience. The implementation of restorative justice in domestic violence crime must meet the actual situation of China. So we should not just rely on the victim-offender mediation to restore the damage of domestic violence, but also take advantage of the people's mediation system to make fully implementation of restorative justice. It should be used throughout the whole process of the small subjective malignant cases under the condition of the violence having happened and made damage, the offender making a promise to his guilty, and both parties willing to make a compromise. This process would play an important role in making the family more stable and the society more harmonious.