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Research On Restorative Justice

Posted on:2011-06-28Degree:MasterType:Thesis
Country:ChinaCandidate:W H YeFull Text:PDF
GTID:2166360308953806Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Criminal law and criminal behavior are relative, and its produce through a long process of development, the traditional criminal justice play a certain role in judicial practice. But by the 20th century 70 years, due to the emergence of a number of factors, the traditional criminal justice facing new challenges can not be good at playing a role in this case, the need to explore new forms of disputing settlement. Restorative justice is produced under such circumstances. The emergence of restorative justice has its time factors, the same time ,it also has the theoretical foundation of emergence and development, the same time, restorative justice of trends in the world and the functions to repair damaged social relations, to maintain social order, to make up for the loss of the victims, both material and includes the mental, perpetrators corrective education to encourage the offender sincerely repent and be willing to take responsibility and contribute to the socialization of the perpetrators.Although it is only an alternative to traditional criminal justice measures, but the restorative justice system for the establishment and development have emerged out of an international trend. Not only in civil law countries or the common law countries have been developing well,though different conditions showed their special characteristics. My country, as a member of the international community ,should conform to this international trend, China's mediation system and community corrections practice with the concept of restorative justice is the same, this is the concept of restorative justice a reflection of this, from a certain extent explains the nature of the judicial system, build restoration is feasible in China, because our judicial theory and practice problems arise, and the need for building a harmonious society, and also has the need to build restorative justice system. China should learn from foreign experience, the success of restorative justice, and also with China's national conditions to build our country's restorative justice system, to promote the harmony of our society.
Keywords/Search Tags:restorative justice, necessity, feasibility, Design
PDF Full Text Request
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