The Construction Of The Restorative Justice

Restorative justice is a new model of justice,which advocates that justice shouldrepair the damage and rebuild the social relations of equality in the mediation andconsultations. In comparison with the traditional retaliatory justice, restorative justiceis a step forward. In recent years, the current upsurge in the study and practice ofrestorative justice echoes with stressing relief execution criminal policies, andbuilding a socialist harmonious society. Our path of judicial refom have been affectedby them, even some local courts such as Yantai has practice this as a new judicilamodel and gets a good social effect. I try to understand the developing process ofrestorative justice and achieve a comprehensive understanding and a correctevaluation of it through the existing books, papers and other relevant information thatsupports its formation,existence and development.The text of this paper concludes three parts. The first part is about the concept ofrestorative justice, its characteristics and the theoretical basis from which it derived.This paper draws the basic concept of restorative justice from its origin and thedifferent identification of scholars from various countries. Based on that, and bycomparison with traditional justice, this paper sums up the basic characteristics suchas restorative, extensive participants, program flexibility, etc. In the part of origintheoretical basis, this paper elaborates root causes of restorative justice mainly fromthree parts, such as the philosophical foundation, the social basis as well as theconceptual basis of restorative justice. The paper takes the new developmentperspective from post-modern deconstruction, the development of civil society anddemocratic justice. The second part is mainly about the practice of restorative justicein the foreign countries, by comparison between civil law countries and common lawcountries the differences and similarities of restorative justice in the practices process,the paper gets the legal value from the practice of restorative justice. And it comes outthe necessary of China making research on the basis of the practice of other countries,then attempts to build a suitable restorative justice model of our country. The thirdpart is the focus of this paper. It is mainly about the vision and ideas to build therestorative justice in China. This chapter includes three parts. The first part is thefoundation of our country to build restorative justice. It is about the cultural basis, thepractice basis and institutional basis. In the part of practice basis, the paper describesthe Yantai court as the representative of domestic judicial exploration in recent years.In the second part, based on the previous paper, the paper analyzes and exploresissues such as institutional conflict, the legal awareness conflict and the poordevelopment of restorative justice itself in the process of building restorative justice.The third part, firstly makes basic positioning for building restorative justice in China,and then discusses some key issues in the building process.