Research On The Localization Of Restorative Justice

Restorative justice is a hot topic in the field of criminal justice,it's birth based on the development of women's movement and victim study and the criticism of the traditional national judicial official.it can be said that the emergence and development reflects the goals and values of judicial that people rethink.Although the national traditional formal judicial system can largely ensure judicial fairness,maintain the stability of social order,but its essence is still a "national judicial",the interests of the state is the fundamental interests.so in the judicial model,the personal status and needs are inevitably neglected.Restorative justice is different,who defined crime as an offense to specific social and personal interest and transform the goal of justice from defending the authority of the state and protecting national interest into maintaining personal interests and social relations.the focus of justice become rectification,the backbone of justice turn into the party and members of society.The opposition between restorative justice and national justice can be seen as a complementary from another point of view.So many countries began to try to use the two judicial models at the same time in order to make full use of the advantages of the two systems,and the attempt did receive good results,the crime situation in this countries has really improved.So in china,restorative justice has gradually raised the theory upsurge,the core issue is whether we should open up a space in our judicial system for restorative justice and how to operate if you choose the introduction of restorative justice.This paper takes the restorative justice "localization" as the theme,first of all,this paper make a brief introduction about restorative justice system itself.Then 1 analyse the value of restorative justice under the current environment of our country.Concretely,this paper discourse it from four aspects,firstly,it described the advantages of restorative justice over national justice,secondly,it pointed out the consistency between restorative justice and direction of justice in the future by analysing of China's current criminal policy and the need for social construction,finally,it based on practical problems in the judicial field and descripe the advantage that restorative justice have in solving these urgent problems.Be sure of the value of restorative justice,next this paper began to discusses the promoting force of restorative justice in our country and the resistance of it.A profound understanding of the two problems is a necessary prerequisite for practice.First,about the promoting force,this paper discusses the advantages in the aspects of thought,concept.And then,it try to find something related to restorative justice in the current system and practice.Second,about the impediment,due to the state standard as well as the traditional doctrine of severe punishment has a long history in China,which contrary to the fundamental requirements of restorative justice,non-penalization punishment.Besides,our country lacks the tolerance of crime and mature community environment,so the process of the implement of restorative justice would not go smoothly.Hence,how to overcome these difficult is a big problem.All theory eventually need to return to practice,so the last point of this article is how to achieve "localization" realistically.because our country does not have the conditions to introduce restorative justice across-the-board,at this stage,we should take it as the supplement for formal judicial system and use it on some specific type of crime.In addition,when we design the concrete institutions,we must keep a relatively conservative attitude,and should realize it is inevitable to give judicial official involved in restorative justice now.on the other hand,because the restorative measures generally are short of strict procedural design,we need to pay particular attention to protecting the interests of the parties and prevent that the excessive intervention of state organs lead to alienation of restorative justice.However,in order to guarantee the smooth operation of the restorative justice and good practice effect,the most fundamental point is to create a social environment in which people recognize restorative justice universally.,which depends on the shift of consciousness about criminal justice as well as the national support.Achieving the two goals is not easy,but it is the cornerstone of the long-term development of the restorative justice.