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Research On Restorative Justice

Posted on:2007-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:S H WangFull Text:PDF
GTID:2166360185453325Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Restorative Justice(RJ,abr) is a new criminal law system ,which develops from North America and Australia in 1970s.There are different perceptions about RJ because every country have different traditions, but most of the RJ programs rest on following three principles: For those harmed ,restorative justice means repairing the actual damage caused by wrongdoing and restoring their sense of control over their lives; For wrongdoers, restorative justice involves accepting responsibility for their actions by repairing any harm they caused, instead of being punished; For the community, restorative justice means assisting victims and offenders in their process of restoration, it encourages the rebuilding of peaceful relationship among who are wrongdoers ,those who have suffer harm and members of the community.As a new view to deal with crime, RJ is important for the theory and practice of our justice. The article begins with the theory of RJ, and describes the conception, history and practice modes from the angle of courses-union.Then the article analyzes the feasibility and necessary , and gives the advise to build the RJ.The article has five parts. In first part, the author introduces the conception, features , and development of the RJ, then describes the relationship between the RJ and the criminal justice; In the second part the article analyzes three theory about RJ,which are balance of justice, efficiency of judicatory and mental requirement; In the third part ,the author introduces some modes of the RJ ,such as Victim -Offender-Mediation, Family/Community Group Conference, Sentencing Circle and Reparative Police Caution, then gives some brief opinion of those ;In the forth part describe why we need to build the RJ in our country, then analyze the feasibility from the following parts :time-background, culture tradition and system; At last, the article gives some advisements about the building of the RJ in our country ,we should choose the right mode of the RJ, make clear the area and the starting of the case that apply the RJ ,then the article advise the condition about starting , the using procedure, contents of the agreement and the practice.
Keywords/Search Tags:Restorative Justice, Restore, Justice, Harmonization, Compromise
PDF Full Text Request
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