Theory Of Restorative Justice Dimension With Local Practice

Restorative justice as a complement of the traditional crime and settlementmechanism,based on the experience of the traditional crime. It emphasizes that thelosses are restored the interests of the victim, offender, community. And it pursuesthe social status of “Better make friends than enemies, or Turning a big problem intoa small one and a small one into nothing.” The best consultation way solves conflictsolution through talking,telling,consulting. However, the traditional justiceemphasizes the punishment for criminal, in order to achieve the purpose of crimeprevention through the penalty for the rest of society. It can be seen the differencebetween the traditional criminal justice and the restorative justice, so that we workedout in line with current policy “Leniency”solutions to provide a favorable protection.Restorative justice from a new perspective, let us look at the nature of the crime,and some new measures are adopted to the increasingly complex conflict, the goal ofour criminal justice is fair and efficient, to pursue the ideal state of harmony in thecommunity. The paper includes the introduction, body and conclusion part, and thebody part consists of four chapters.Trying to analyze the feasibility of our applicationof restorative justice, through a brief description of the basic theory of restorativejustice, and put forward to promote the construction of restorative justice.The first chapter introduces the basic theory of restorative justice, including thegeneration of restorative justice, and the focus of the restorative justice explain theprocedural and valuable definition, and briefly introduce the foreign practice ofrestorative justice model.The second chapter introduces the restorative justice from some dimensionsincluding the ideology, policy, institution, and community, so that we can analyzethe restorative justice that it fits with our current situation and traditional legalthinking. In same time, the restorative justice has implicated in our current criminallaw and community.In addition,the valuable core of the restorative justice containreconstruction of order and restoration of justice, and don’t break the legal’sauthority.The third chapter analyzes our legal’s texts and practices status. Although therestorative justice is not a special law in China, it implicated in the CriminalLaw.What’s more, restorative justice has already carried out some practices, and itappeared some problem,so that we can make use of the problem to draw up the aspecial law. The last chapter introduces that the restorative justice combines with our currentcriminal policy and practice of “Leniency”, and clearly determine the applicablescope of the case,the operating procedures and supporting measures,to achieveconstruction suitable for the actual situation in China.