China's Special Criminal Felony Prosecution Of The Inquiry Into Restorative Justice

In recent years, restorative justice theory has gradually emerged in China's criminal justice theory and practice reality. But compared with foreign countries, our research on restorative justice and recognition is still at an early stage. Many scholars of the introduction of restorative justice issues are taken very cautious approach, Many scholars believe that the scope of application of restorative justice should be limited to minor crimes, such as some of the more minor criminal negligence criminal field, felony in the field is still largely a blank area, and even some scholars is the negative attitude in serious crimes in the field for restorative justice.From the investigation of the restorative justice model and its development trend that populared in Western countries, I believe that some of the special criminal felony to promote the introduction of restorative justice for victims of rights protection in China has great significance. Firstly, On the basis of theory and practice of restorative justice cases in Domestic and international,I analyzed the introduction of obstacles and resistance of restorative justice in criminal felony ,and that felony is the practice difficulties of restorative justice . Then, I classified the types of special felony,and Pointed out that part of the criminal felony have Special combination with the restorative justice. If this part of the special criminal felony was prosecuted with the restorative justice,that is feasible and has important significance. Final, on the basis of comparative analysis for the various existing application path of restorative justice, I chose the"victim - offender mediation model"as the most appropriate path for the special criminal felony on restorative justice,and I have described and demonstrated the system from the specific scope and system construction and so on.Through the methods of comparative analysis, case analysis,i was re-interpreted and discussed on the relationship between restorative justice and the felony. I try to break through the introduction and narrow the scope of limited that the Chinese scholars have advocated,and propose a selective application of restorative justice perspective on the criminal felony. I hope I can make out a useful exploration for the theory of restorative justice for our country.