Research On The Implementation Of Restorative Justice In Domestic Violence Crime

Along with the progress and changes of the society and the vigorous development of themovement of human rights, the seriousness and danger of domestic violence has been theconcern of the international community and many countries for this are actively exploringcountermeasures, From the perspective of the protecting the victims, restorativejustice,focusing on the repair of the relationship between the victim and the offender,tocompensate for the harm suffered by the victim. I think that compared to the traditionalcriminal justice, restorative justice is more suitable for the crime of domestic violence. In thispaper, the concept of restorative justice, characteristics, background outlined above, theprocessing mode of restorative justice and domestic violence crimes fit place, and thenanalyze the necessity and feasibility of restorative judicature applied to domestic violence,combined with the judicial background of China, put forward the concept of restorativejustice to crime of domestic violence. In addition to the introduction and conclusion, the bodyis divided into five parts.The first part is an overview of restorative justice and domestic violence crime. Firstdescribed the concept and characteristics of the restorative justice, and then describes thesocial background of restorative justice, then from the perspective of criminal law the conceptof the crime of domestic violence, and the formation of the crime of domestic violence forvarious reasons.The second part discusses the restorative justice applies to the necessity of the crime ofdomestic violence.First, it introduces the rules and regulations of domestic violence in the field oflegislation and justice in china, and then analyze the existing problems, then focus on fouraspects of restorative justice for the crime of domestic violence advantage.The third part of Confucianism in China, domestic violence crime itself specificity of theexisting judicial system, to provide foreign experience four aspects demonstrate thefeasibility of restorative justice for the crime of domestic violence, and raised in theapplication process problems and countermeasures that may arise.The fourth part gives concrete advices to paths of restorative justice suitable to domestic violence according to the environment and social conditions of our judicial. With the hope ofmaking some contributes to the reform of domestic violence.The fifth part states the security and mechanism that the restorative justice suitable todomestic violence, it concludes three aspects in detail: establish professional mediationorganization, set up diversified supervision and correction system, supervision.