Restorative Justice Practice In Contemporary China

The restorative justice rose in the 70s in the 20th century, after that it was paid attention to widely by scholars around the world. As a new criminal justice process which the international criminal judicial introduced, the restorative justice affected profoundly the direction of criminal justice in Western countries. It advocated to solve the problem of the crimes by the victim and the offender through consultations, to repair the damage of the crime victims, to promote the offender repent and take responsibility and adopt a positive into the community, and to encourage community involvement in crime. In practice, the restorative justice not only achieved good legal results, but also achieved good social effects. In view of this, as the object of this article, using the matter of the literature review and the comparative analysis to study the restorative justice, and proposing to the idea which the court as the main body of the restorative justice process implementation, the minor criminal cases, the misdemeanor cases and the criminal negligence cases as the application of restorative justice, applicable to the offender at any stage from the crime to the sentence. It will impact on our country criminal justice in the theory and practice.This article consists of four parts. In the first part describing the rise, the concept, the characteristic and the mode of the restorative justice, and to the restorative justice to be the new definition. In the second part, analysing the entity value and process value of the restorative justice from the existing legislation and the values of the restorative justice. In the third part introducing the current situation and analyzing the problems of the restorative justice in our country. In the fourth part after explaining the principles of restorative justice, based on the actual situation of our country, and constructing the specific ideas of the restorative justice.