Review On Procuratorial Organs Participation In Restorative Justice

Restorative justice has shown strong vitality in foreign judicial practices, whichserved as an effective model to reduce confrontation, resolve social conflicts, promotethe social reintegration of criminals, and fix the damaged social relationships.Therefore, it has gradually come into the vision of the procuratorial organs. Incriminal cases, the procuratorial organs representing the right of countries, such as aseries of rights, the objects are criminal suspects or defendants. Even if theprocuratorial organs in the handling of certain cases are not to prosecute, which isalso considered the size of the facts of the crime, subjective vicious, It did notprofound analysis of human effects and social effects. That means that the behavior ofthe procuratorial organs is not in resolving the contradiction, but only in order tosafeguard the implementation of the law. If what to solve the lack of the imbalance,the restorative justice provides an important opportunity.China’s procuratorial organs have been constantly exploring with restorativejustice. In the meanwhile, however, it is very difficult to get rid of the constraints ofthe current judicial philosophy and system, ended up with participation in restorativejustice as mere a formality. The idea of absorption, innovation and integration hasbeen neglected. Restorative justice is a judicial model with principles and flexibility.Without these characteristics, procuratorial organs are obviously confined to theintroduction of this model when interacting with restorative justice.This article aimed at researching the restorative justice system. First of all,identify the relevant infrastructure. Based on the status quo of domestic procuratorialorgans participation in restorative justice, the problems and obstacles that come alongwere emphasized. Referring to personal experiences, argument and correspondingrecommendations were laid out about how procuratorial organs could betterparticipate in restorative justice. This article was divided into three parts.First, the legal basis of procuratorial organs participation in restorative justice.This chapter explained the basic concepts, characteristics, and roles in restorative justice, and demonstrated the basic connotation of restorative justice. To betterinterpret the feasibility of procuratorial organs participation in restorative justice,procuratorial organs’ functions and tasks have also been illustrated, followed withcorresponding status quo, positioning, and significance. It has also been pointed outthat in order to build a harmonious society and adapt to the ever-changing situationand policies, procuratorial organs participation in restorative justice provides animportant opportunity. It is necessary to clarify how procuratorial organs shouldposition themselves, the value added by procuratorial organs participation inrestorative justice, and the ultimate goals in doing that. In summary, this articlearticulated the theoretical basis for procuratorial organs participation in restorativejustice. These theories will serve as corner stones for the future implementation.Second, barriers with procuratorial organs participation in restorative justice.This part highlighted the problem with lagging philosophy in trying with restorativejustice due to traditional thinking and selfish departmentalism, analyzed the reasonsfor weak legal protection, imperfection with constitutions, and lack of collaborationbetween different function areas. It implied that without solving these issues, it wouldbe quite challenging to proceed with procuratorial organs participation in restorativejustice. Understanding the current and emerging applicable circumstances, askingtimely and forward-thinking questions, and grasping the pulses of involvement willprovide a good guidance for procuratorial organs participation in restorative justice.Third, some recommendations. This chapter proposed a few suggestions aboutprocuratorial organs participation in restorative justice. First of all, correctly positionthe concepts and philosophies. To combine the traditional judicial concepts withmodern ones, it is critical to incorporate present social situations. Secondly, establishlegal protection to ensure that the implementation of procuratorial organsparticipation is under a unified legislation. Finally, through some combination ofhorizontal, vertical, internal and external models, consolidate the function areas,regulations and external environments for procuratorial organs participation inrestorative justice. All-round, multi-angle suggestions on all levels and aspects weregiven to ensure procuratorial organs a smooth participation in restorative justice. Withsome reasonable proposal, the procedures of procuratorial organs participation in restorative justice will be more thorough and comprehensive. Defects and issues willbe minimized. The participation process will be more rational.