A Study On The Scope Of Application Of Restorative Justice

Restorative justice developed in response to the faults of traditional justice. It opposes countries monopoly power in dealing with crime, advocates the judicial power of the victim and the social, emphasizes the repair of the victim, the criminal return and the recovery of social relations. In the 1970 s, the practice of restorative justice started in the west. After just a few years, both in theory and practice of restorative justice has made great development. It shows its strong charm and vitality to the world, developing in the west.China’s traditional criminal judicial practice also met prison overcrowding, lack of judicial resources and high crime rate, etc. People began to reflect on the defects of traditional criminal justice. For whether can the introductions of restorative justice in our country, scholars have had a heated discussion. On April 21, 2007, "International symposium on theory of restorative justice" held in Shandong university. The vast majority of scholars believe that our country has the necessity and the possibility of the introduction of restorative justice, but the suitable scope and applicable process need to control. Therefore, the applicable scope is the first problem.The new criminal procedure law makes rules of the public prosecution case which are applicable of criminal reconciliation. Public security, procuratorates, courts also issued relevant judicial explanation, which have played a role in guiding criminal reconciliation. However, because the rules are not enough detailed, there are many problems in practice. The main problem are the laws apply to the cases of criminal reconciliation scope stipulated is too narrow and the debate of can felony applicable of criminal reconciliation.For the scope of restorative justice in our country whether can be extended to a felony, the article mainly analyze the background, theoretical background and practical background of our country, put forward that our country have a felony for restorative justice program space. However, for the applicable scope of the restorative justice cannot copy foreign experience, and not stuck in the past, and need combining with the condition of our country. Finally, the author put forward that certain felony should not apply criminal reconciliation, such as public nuisance cases, without the victim’s cases, criminal malignant large cases. On the basis of conform to the physical and procedures conditions, other cases can be applicable to criminal reconciliation. Then this paper advances the perfect solutions of the application of the restorative justice in the real conditions, procedures and supporting measures. Not only has been clear about the scope of application of restorative justice, and define the applicable conditions and supporting measures. Provides a complete set of scheme for application of restorative justice for our country, make the restorative justice can play a positive role in the judicial practice.