The Structure And Framework Of Criminal Justice Modes

It has been over two hundred years since the emergence of modern criminal justice system which has developed into different modes. With the progress of criminal judicatory idea, criminal justice system has become more humanized and democratized. In modern times three justice modes are applied in different countries: national justice mode, consultative justice mode, and restorative justice mode. In China much attention was not paid to consultative justice and restorative justice until the end of last century. They are both partly applied as complement to national justice in judicial practice, from which good social effect and precious experience have been drawn. Restorative justice, as a new mode to solve criminal disputes, is still in the phase of exploration and development. Thus not only the theoretical views but also the perspectives of its prospect are diversified.At present the above three justice modes coexist in some countries such as Great Britain, America, Italy, Germany, New Zealand, and Australia. With their own advantages and disadvantages, they are all indispensable elements of criminal justice system functionally complementary to each other.Therefore, this thesis demonstrates and expounds the quality, status, function and development of the three criminal justice modes on the basis of the comparison and analysis of them with a perspective of development. Moreover, taking the present judicial situation in China, this thesis verifies that China is well placed to integrate these three criminal justice modes and construct a crime disposing system suitable for China.