Improve China's Mediation System Under The Concept Of "restorative Justice" Vision

Restorative Justice focuses on crime as an act by an offender against another individual or community rather than the state. Dialog between the offending person and the person who has been harmed is a central process within restorative justice. The person who has harmed takes responsibility for their actions and the person who has been harmed is able to take a central role in the process, in many instances receiving an apology and reparation directly or indirectly from the person who has caused the harm through the use of a mediator or facilitator. Restorative Justice is recognized by most western countries for it focuses on the advantages of the maintenance and rebuilt by the offenders who destroyed the social relationship, therefore, Restorative Justice program is taken into measure by western countries. Compared with western advanced restorative justice, the administrative system in China appears more faults. For instance, a public prosecution can not be mediated, lag system, from the criminal mediation in China; Disjunction of theory and practice, lack of litigant's leading theory from civil mediation in China; the lag theory and system vacancy from administrative mediation. Therefore, from the point of my view, it is necessary and possible for China to be introduced by western restorative justice. For restorative justice and our traditional mediation system are somewhat similar with each other. For example, both of them stress to resume harmonious social relationship, usage towards measurement of mediation as well. However, it still has some barriers to introduce restorative justice to our mediation system. Some restrictions exist both in mediation system in China and restorative justice in western countries. For instance, the traditional ideas about pursuing "retributive justice", judicial philosophy about " heavy penalty", values toward " state-based" and so on. As far as I am concerned that only on the basis of reasonably treating restorative justice, combining China's actual conditions, moeurs and social conditions, fully absorbing the sound core of philosophy inside the restorative justice, exchanging our traditional mediation theory as well as perfecting relative procedures and system which needed by restorative justice, can we well served for our mediation system.