The Procedural Nature Of Restorative Justice And Its Local Introduction

Restorative justice model refers to a criminal justice model in large part of which both parties reach an agreement through consultation under the coordination of the middleman with the primary purpose to restore the damaged social relations, giving full attention to the relations between the parties and society. Restorative justice model coexists with the traditional national justice model and consultation justice model. It has the nature of process. This essay seeks to expound on the procedure of the restorative justice model and at the same time to carry out a demonstration of its practical application in the criminal justice activities through the analysis of a number of related cases in the country so as to promote its standardization and institutionalization, doing better service to our country's judicial practice. This essay can be divided into four parts:The first part, to further clarify the theoretical content of restorative justice through reorganizing the basic concepts and the characteristics and comparison with other similar concepts;The second part, to carry out a theoretical argument of the procedure of restorative justice, including the operation of their theoretical approach, the analysis of procedural and substantive issues, procedural framework and the value of the procedure to meet the purpose of demonstrating nature of its procedures;The third part, the practice of restorative justice is explicated. The current situation of the application of restorative justice in China is analyzed by case to provide a conceptual basis and practical conditions for the introduction of restorative justice to the local community in the later part of the essay;The fourth part, to explain the need and possibility of the introduction of restorative justice to the local community, and to design the procedure of the application of restorative justice in our country to achieve the purpose of putting theory into practice really.In conclusion, through the earlier argumentation of the restorative justice procedure, the description of the practical operation, as well as the introduction of local programming, our proposal on restorative justice legislation is actively promoted to make better use of restorative justice in the judicial practice of China.