Research On Restorative Justice

Restorative justice is a system concept, specific performance to defuse social conflicts triggered by the case taken to the repair of social relations, all judicial activities. Restorative justice and traditional justice is a complementary relationship between, and not a substitute relationship. Criminal settlement of restorative justice can be seen as a specific procedure. In addition, although restorative justice has a very wide range, however, the implementation of the system is still the main mode of Criminal reconciliation. Restorative justice has a penalty of individualized penalty economy of Penalty and the adversary's value orientation. From the sociological, legal philosophy, criminal psychology, criminal law and ethics of restorative justice perspective can make different interpretations.The restorative justice model has the following advantages: ease the situation and the law conflict, achieve social harmony; inspired conflicting parties in criminal activity; full view of crime and punishment concept; accelerate the resolution of cases, to achieve judicial economy. But at the same time, restorative justice implies the following uncertainties: ignore the spiritual needs of victims; deviation from the "criminal legal "; contrary to equality before the law; discretionary rate is difficult to control. Therefore, the conditions needed for the case and the procedures of restorative justice to strict limits. Restorative Justice in our country in the substantive law and procedural law have been the practice, in which restorative justice in criminal mediation of development and building a harmonious society is of great significance. Through self-mediation, judicial mediation, and the way people adjust, criminal mediation in the investigation stage, the prosecution stage, trial stage and the execution phase of the practice of restorative justice practice is one of the paths.