Restorative Justice System Study

Restorative justice is a criminal case resolving system on the basis of the traditional criminal justice. The stress of functions of participation and restoration is the main difference between restorative justice and traditional criminal justice. As for the victims, restorative justice means the restoration of material damages and spiritual hurts caused by the criminal actions; as for the offenders, it means the assumption of responsibilities of criminal actions, not only the acceptance of punishment; as for the community, it means an active participation of dealing with the crimes, helping to make a face-to-face contact of the victims and the defenders and maintaining the stability of the community. Restorative justice encourages to reconstruct a harmonious social relationship among the victims, the offenders and the community. The thesis consists of the foreword, the main text and the epilogue. The writer makes a brief introduction of the development status of restorative justice at home and abroad, the significance of restorative justice for the criminal judicial reforms in our country, the writer's motivation of selecting the topic and the frame arrangement of the thesis in the foreword. The main text consists of five chapters. The concept and the basic characteristics of restorative justice and the relationship between restorative justice and current criminal justice are analyzed in the first chapter; an abroad examination of restorative justice is carried out in the second chapter, introducing the derivation of restorative justice, the practice of restorative justice in some other countries and the promotion courses of restorative justice by the United Nations; a discussion on the justifiability of restorative justice is made in the third chapter, from the respects of theoretical foundation, practical causes, value dialysis and disadvantage analysis; the shortcomings of restorative justice are pointed out against its status in our country in the fourth chapter; the assumption of the construction of restorative justice system in our country is made in the fifth chapter, the writer makes some suggestions on rational limit, application principle, implement safeguard and supervision mechanism of restorative justice.