On The Regeneration Justice

Restorative justice is a kind of system that victim and offender negotiate to settle the tangle after crime under the help of mediator .On the purpose of restoring social relationship, compensating the injure to victim and making offender correct his criminal behavior to come back to the community. Restorative justice was originated from community justice in the 12th century. It was put forward in 1970s by some western innovators in law fields with the tendency of lightening punishment and the attention of victims' right and was practically applied in America , England, and Germany etc .Since 1990s the restorative justice has been rapidly developed greatly so that a series of documents was enforced by many international organizations such as the United Union to guard the restorative justice establishing in the world.It has not been last word to the connotation of restorative justice in theory, but its character, contents and the applying procedure can be concluded. The restorative justice was originated from the theory of restorative justice , being offspring of new relationship between country and community , and embodiment of participating democracy. The restorative justice is not only enforced differently in different countries but also controversial in theory. It stabilize the social order and improve efficiency of prosecution and victim's identity .But it confuse the difference between criminal and civil procedure and can't defend victim's procedural right .Moreover, it's very probable that restorative justice infringe the victim's interest. However, it is put into practice in many countries, such as: Newland, English, America , France , German , Soviet etc .It is worth being learnt from the western countries' programs .We can see some terms implying restorative justice in other countries .It is clear that there are not only many obstacles and barriers but also some favorable conditions in our country to establish the system .It should be establish on basis of our reality, being designed scientifically:I. Applying condition: It should be used in all the processes of investigation , prosecution , adjudication in petty criminal public prosecution case ,privateprosecution case and penal action case It must base on victims-offender's agreement and offender's recognition to his commitment.II. Applying procedure: The meditation should be presided by a neutral meditator, between victim and offender, accomplied by their relative and delegates of community . Face to face , the victim can state his injure and the offender can state the reason of criminal and regret to the victim .Then, they can compromise with offender's r compensation of victim's injure .III. Conclusion of the procedure: If they come to an agreement, a judgement will be declared by the judge .The legal penalty may be released or released or exempted. By contrary , the case will be delivered by the meditator back to judicial orgnizations. They will meet a court judgment.