Study Of Restorative Justice Localization Problem

Restorative Justice System is a series of systems based on restoring the destroyed society relation, making up the harm experienced by victim and restoring the harmony relations between offender, victim and community, helping the offenders in reforming and returning to the society. Restorative Justice dates from the early days in colonia1era, or even more remote times. Restorative Justice theories have flourished since the 70's in 20th century and have been applied in judicial practice in Britain, America, Germany, France and other countries. The United Nations and other international organizations have also formulated a series of documents about Restorative Justice to guide the foundation of restorative justice system.The notion of Restorative Justice focus on solution of conflict between offenders, victim and community, emphasize on meeting the need and restore the normal society relation, instead of punishment taken by nation to offender. It is different from traditional criminal justice system, to some extent; it is a higher level regress of ancient justice model. Restorative Justice is one of the process modes for criminal case. It has plenty of sense for the settle of cases. Firstly, it is propitious to form stable social relations. Secondly, it accords with the requests of economical lawsuit, and be propitious to improve the efficiency of lawsuit. Thirdly, it is propitious to advance the station of victims in criminal proceedings. Fourthly, it is propitious to help offenders come back to society.Today's reform and open policy has greatly promoted the prosperity of economics and the development of society of our country, and it has also changed people's value, which requires that criminal justice reach balance between justice and efficiency. Therefore, the reform in criminal justice of our country should combine restorative justice theories with our country's legal tradition and make it localized. In the process of Restorative Justice Localization, we should not only need to know the achievement about restorative justice abroad, but also need to calculate the legal resource and actuality of our country.If we want to carry out the Restorative Justice of localization, we should design it in four aspects as follows. Firstly, it is very important that there are several resemblances between the Victim-Offender Reconciliation-appears in our country in recent years-and Restorative Justice in fundamental principles, the pursue of purchase, and so on. But it is not the Restorative Justice of localization. We should establish our own Restorative Justice. Secondly, the design of Restorative Justice must be under the existing law. In other words, the priority should be given to the application of Restorative Justice Process, when we approach in the selection of cases. If the cases are not accord with the requests of Restorative Justice, they should be circulated in conventional process. Thirdly, we should not limit the action of the proceeding on Restorative Justice, and use it if the case accord with legal regulations. But the scope and solution of cases are different in each phase. Fourthly, for the better result in Restorative Justice of localization, we must pay attention to other related system perfect. Specifically, we need to give Restorative Justice process to be with the lawmaking guarantee, and give Restorative Justice project with the explicit legal effect, and establish non-prosecution of additional conditions in our criminal law. Because the Mediation System is deficient in organization structure and mediators'diathesis, we must consummate it in recent years. In addition, we should reinforce the construction of community, adjust and enhance the community autonomy organization and other community organization, integrate the community resources, encourage residents to participate actively, and train the ability of the residents to handle public business.