Restorative Justice Theory And Value Basis

Restorative Justice is an alternative dispute resolving system on the basis of the traditional criminal justice.The most difference between Restorative Justice and thetraditional one is to restore,that is,Restorative Justice pays great attention to the restitution ofvictims and the restoration of the damaged social relationship.What should be learned most isto offer an institutional process in which victims,offenders and communities coulddiscuss disputes equally and settle conflicts easily.In short,the terminal goal ofjustice is to do good to victims' interests and offenders' return,which in last will proteet the harmonious social relationship,Restorative Justice makes it。Restorative justice is a kind of theoretical initiation.It analyses the basis of national theory and value and discuss the feasibility in the research of applicablity of restorative justice.Restorative justice is accordant with the development of relative lawsuit theories.It has different philosophical basis in different periods of development.Firstly the basis is the theory of natural fight,and then it is the utilitarianesm,at last it is the order liberalism.The tradition and culture of Confucianism in our country don't match the basis,but they have the similities in the basie theory.The implicated value of restorative justice is very rich,which embody on humanesm,justice,freedom,efficiency and order.Therefore,the reform in criminal justice of our country should combine restorative justice theories with our country's legcl traditon and make it localized.Restorative justice is not only a way of dealing with cases,but also a salutary supplement.It csn be applied in any phase of criminal procedure.But it has to strictly define the applicable condition.