Research On Specialized Corrective Education From The Perspective Of Restorative Justice

The newly revised "Criminal Law" and "Law on the Prevention of Juvenile Delinquency" put forward the new concept of "special correction education",which replaces the previous "receiving and breeding"."Special correction education" plays an important role in the correction and education of juvenile delinquents who do not bear criminal responsibility due to their insufficient age.However,the establishment of laws and regulations is only the first step.Only by promoting good governance with good laws can we achieve long-term social stability.Therefore,it is pressing for us to explore a comprehensive analysis on the existing problems and causes,exploring the theoretical basis for its support and finding the construction ideas and solutions.Problems such as higher risk of recidivism,gradual "marginalization" of victims and increased risk of social tear appear in the practice of specialized corrective education.Through the analysis of its causes found that the practical problems are mainly caused by insufficient protection of the rights of the juvenile delinquency,the lack of the victim’s subject participation,and the neglect of the repair of social relations.Different from traditional retributive judicature,the restorative judicature requires all interested parties to work together to eliminate the influence of criminal behavior and restore the original social order.The values contained in the restorative judicature,such as multiple subject participation,procedural justice and repairing social order,can provide theoretical foundation for the study of specialized correction education in our country.At the same time,Some foreign countries,such as New Zealand,Texas and Australia,have unique advantages in their relevant systems.The experience of these countries in applying restorative justice model in juvenile justice can provide references for China.For example,the use of round-table conference system and family group meeting will help establish a system of all-round participation of the injured party,so that the object of correction can deeply understand the harm of their behavior and take responsibility,actively compensate the victim,repair the social relationship.Therefore,in order to ensure the realization of the functional values of the special corrective educational system,it is necessary to study the practical predicament and cause of our country’s "Education-type" correction model from three aspects: the protection of the rights of the minor,the protection of the victim’s right and the repair of social relations.and proposes that special corrective education measures should be guided by the idea of restorative justice in theory and practice.On this basis,it puts forward three basic principles,namely the principle of priority protection,the principle of individualized treatment and the principle of rehabilitative education,and the realization mechanism under the guidance of these principles.