Research On Juvenile Restorative Justice In China:Study From Zhejiang Local Practice

Minor issues related to the future of the state and society, the field of juvenile justice is always the focus of judicial perfection. Our country’s juvenile justice has been in constant exploration, the problem and development coexist, the introduction of restorative justice can bring fresh vitality to our juvenile justice. Despite the restoration of justice in the field of adult justice is still controversial, but its recovery, flexibility and social is especially suitable for juvenile delinquency, and also fit for China’s traditional legal culture, legal basis dependent, more accord with China on juvenile justice consistent principle, juvenile restorative justice system have the vitality of its further development in our country, it is worth further development research of the academic field and practical department.This paper mainly from three parts to carry out:the first part starts from the basic theory of restorative justice and juvenile restorative justice, combined with China’s juvenile delinquency situation analysis to explore the juvenile restorative justice in China’s implementation of the necessity and feasibility; the second part of the empirical research is the main body of this paper, juvenile restorative justice is a process of a comprehensive system, including conditional non prosecution, presence of an appropriate adult, setting up specialized juvenile department, judicial institutions, the implementation of minors admonishing correction of integration and so on. From the existing juvenile justice practice, the investigation and prosecution stage of the appropriate adult present system, trial stage of round table trial system and latter part of the community correction have made some progress, Zhejiang province in the development of these three aspects are relatively mature. Therefore this paper discusses Zhejiang Province’s native practice of appropriate adult presence, round table trial and community correction, to sum up experience, analysis deficiencies, and explore its further reasonable application. Based on the study of the theory and practice, the third part returns to the juvenile justice principle of China, puts forward the restoration and reconstruction of the judiciary system, to explore its continuous improvement and conducive to the improvement of the legal construction of minors in our country.On the reasoning, this paper starts from the point of view of qualitative and quantitative analysis, adopts the method of empirical study, type research and so on, not only analyzes the theoretical basis of juvenile restorative justice, systematically expounded the necessity and feasibility of juvenile restorative justice in our country, but also through empirical research concerning juvenile restorative justice in Zhejiang local practices, further explore the reform and practice of juvenile restorative justice, for further perfect suggestions of juvenile restorative justice in our country.