Study On Restorative Justice

Restorative justice is any program that can achieve restorative consequences through restorative procedures.It is not an accident,confined to the national Nemesis of justice for a long time for the concept of crime,punishment and other views of the abstract and narrow,derived a lot of social problems.For example,the monopoly of the state on the power to convict and mete out punishment marginalizes the victim.Although the criminal is punished by the penalty,the contradiction between the criminal and the victim has not been fully resolved.On the contrary,the contradiction may be further intensified.The retribution nature of the penal system,which is based on retribution,is not up to the task of reforming and rectifying the criminals,and at the same time,it has to face the cross infection among the criminals.The internal defects of the national retribution judicial mode and the awakening of the victim's right consciousness are the direct reasons for its emergence.Of course,as one of the disposal methods to adjust social relations,restorative justice is bound to be deeply affected by the theories of contemporary political philosophy.It can be said that restorative justice is the judicial response and expression of the deliberative democracy theory,community theory and postmodernism in contemporary political philosophy.As a judicial model different from the national retribution justice,restorative justice emphasizes that crime is not a challenge to the ruling order of the state by individuals through the transformation of perspectives.Crime is first a violation of the individual to the individual,and then the destruction of the social order.The purpose of punishment is not to revenge,but to heal wounds,to restore balance,to restore broken relationships.It requires the investigation of the crime from the individual's social environment background,looking for the causes and countermeasures of the crime,and advocating a forward-looking(or preventive)approach to solve the problem.The treatment of the crime should not only review the past crime facts,but also look forward to the relationship between the treatment of the crime and the future.Restorative justice holds that the process of justice is as important as the result of justice,and justice should not only be realized,but also be realized in a way that people can see.In a restorative justice program,therefore,respect the main body of each independent personality,pay attention to many of the practical need of,emphasize the victim,criminal and community participation,to restore the damaged social relations through dialogue and negotiation,try to make the victim and offender,can get the opportunity to reintegrate into society,the realization of judicial justice as a whole.Restorative justice since have developed rapidly,forming a trend affects more and more countries,our country for restorative justice research mainly focus on the perfection of the criminal reconciliation system,although the criminal reconciliation system has certain restorative,but always dependent on national retribution justice about crime and punishment the fundamental concept,can't see it as a restorative justice practice in our country.Although restorative justice is in conflict with the national standard values and the idea of severe punishment in China,it has something in common with the trend of legal and cultural values in China and the requirement of building social harmony and maintaining social order at the present stage.It is feasible to apply restorative justice in China.To explore the application prospect of restorative justice in our country is not to attempt to overthrow the existing criminal justice system,but to the restorative judicial offices with the progress of philosophy into China's criminal justice,perfect our country's criminal justice system,made in China's criminal justice toward more able to safeguard human rights,the direction of justice.