Exploring The Minors’ Justice System In China From The Perspective Of Restorative Justice

Juvenile delinquency in China become much seriously than ever before. Thatshows that the existing justice system of Chinese minors cannot satisfy the need ofrealities. Consummating the justice system of minors in our country to improve thecriminal situation and promoting the development of society according to the currentlegal system and judicial practice are the starting point of this article. Also, how tocreate a well legal environment which is helpful to minors’ healthy growth isconsidered simultaneously. The introduction of restorative justice and the explorationof practice with a spirit of the restorative justice have provided a new perspective toperfect the juvenile justice system in our country. Restorative justice advocates aharmonious processing mode of crime and a win-win relationship between the parties.It have worked for strengthening the legal status of victim and avoiding harmfulimpacting on offender from the formal judicial process. It is useful for easing off theconflicting tension between the victim and offender, the criminal an community, eventhe victim and the community. On this side, restorative justice has a good infection onprotecting the rights of the parties, promoting minors to turn over a new leaf,recouping losses of victim and healing. The broken relationship is reconciled at thesame time.This article is divided into four parts to carry on discuss: a summary ofrestorative justice; the characteristic of the minors’ justice system; the promotion ofthe minors’ restorative justice in our country; the construction of minors’ restorativejustice in China.Part one of the thesis elaborates on the definition of the restorative justice. So far,there is no unified vision of concept or practice of restorative justice on a global scale.It also emphasizes some representative points and practice patterns. In addition,wondering what profound social change behind the generation and development ofthe restorative justice is a goal of fully comprehend of restorative justice.Part two of the thesis states the particularity between juvenile delinquency and adults’ crime, minors’ justice system and common criminal justice. Clearing up theconnection between juvenile delinquency and minors’ system and discussing the traitof minors’ justice system which is much different from common criminal justice arethe foundation of establishing rules for minors’ restorative justice by analyzing ofjuvenile delinquency and minors’ justice system.Part three of the thesis expounds the necessity and feasibility of the restorativejustice to minors’ justice system. No theories perfectly adjust to the development ofnational practice. Except mastering the profound connotation of the idea, fullyanalysis of the application of the national minors’ restorative justice is also a goodway that advanced idea functions.Part four of the thesis states the imperfection of minors’ restorative justice andmeasures of perfection. Construction of minors’ restorative justice system is thesupplement and completion of existing minors’ system.It is made by fully rethink ofpractice. This section has demonstrated the future direction of minors’ restorativejustice system in our country in details.