"restorative Justice" Comparative Study Of Traditional Chinese Mediation

"Restorative Justice" (RJ) treats offence not by judge, it tries to make parties concerned gather together and become reconciled. RJ aroused domestic scholars' great interest in China. But they ignored that our native mediation has the same nature. Moreover, mediation has its splendid outstanding in both theory and practice. It should be world's wonderful resource of rule by law. Therefore, the author challenges the steps to introduce and transplant "RJ" in China, and points out we can get confidence from inherent mediation tradition.The entire structure is divided into five parts. At the beginning of the article, a scene of discussing RJ between western and eastern scholars was recalled. By the western scholars 'saying: "China know RJ best" , the author puts forward the question that whether similar theory and practice lie in China. Can RJ correspond to Chinese mediation?To get the same conceptual framework for coming compare, Part two elaborates the conception and value of RJ in western idea. In a way of communication to deal with crime, RJ intentions to make firmer human relationships, and create a harmonious society. Thus delimit the range of latter studying Chinese mediation.Part three explores the cross two reasons that modern RJ springs up. The first, inherent long tradition reflects its historic reason. The second, the movement of ADR gives RJ the practical chance, which is its modern reason. It applies that Chinese mediation may revived by the same principle. All the significance that RJ means to China, not be a standard pattern, it's just the modern reason to revive mediation.By the method of comparison, part four explores the nature relation between RJ and Chinese mediation. Follow the framework set in the former part, the author emerges the reciprocal theory and practice from ancient period to modern period in mediation. Herein, eminent culture...