The Basic Theory Of Restorative Justice And Local Responses

In recent years, the rise of a movement in the international community is restorative justice , it is a judicial model which reflects on the causes of the failure on the basis of the existing criminal justice system. Restorative justice advocates: Let a specific criminal cases involving the joint participation of the stakeholders, a focus on dialogue, consultation procedures, combined from the pursuit of non-consensual normative authority of the referee turned to achieve the desired effect of enhancing the social decision. Restorative justice and criminal justice traditions of the many and varied, but also precisely because of these differences and give us a look at the existing loopholes in the criminal justice system and the drawbacks of the starting point, let us recognize that in some cases for use of restorative justice to resolve the advantages, and proceed to the creation of a field of criminal disputes and disorder more effectively address the functional mechanism.China's reform of the criminal justice system's focus is fair and properly resolve the contradiction between efficiency and open criminal cases arising from failure of traditional criminal justice system of the crisis, there is also the starting point of this article an attempt by the basic theory of restorative justice introduction, analysis of restorative justice has a special addition to the functional value and abroad in a specific operation mode based on the Construction of local restorative justice to make some constructive suggestions, the text is divided into three parts.The first part was the introduction of restorative justice, introduced the background of the times there, the domestic scholars study of restorative justice on the current situation and this paper, the significance of restorative justice, which is to build China's own rationalization of restorative justice system to provide recommendations.The body of the second part, the contents of a total of three chapters. The first chapter is devoted to the restoration of the basic theory of justice. Article from the meaning of restorative justice to resolve start with an analysis of the definition of restorative justice as well as the general characteristics of restorative justice, on the whole of restorative justice to the concept of a general introduction. At the same time, the article also describes the systematic rise of restorative justice causes, including the rise of restorative justice and cultural foundation, based on the basis of practice and jurisprudence. In addition to the restorative justice described the basic concept. In this section, in order for restorative justice and traditional comparative study of criminal justice, from both the contact and the difference between the two areas, an analysis of restorative justice and traditional criminal justice is not entirely antagonistic relationship, in spite of the two between the many differences, some scholars have put forth in response to the "complete alternative theory." Chapterâ…¡focuses on the body of a restorative justice framework has in itself, that is, the constituent elements. This part of the contents of the microeconomic point of view of restorative justice to the elements set out to ensure that restorative justice in building the integrity and accuracy at the time. Chapterâ…¢of this article focus on the practice of restorative justice from the perspective of the specific conduct of the operation. Discussed in the theoretical level of restorative justice in our country the need for and feasibility of transplantation; in practice level, an analysis of some of China's ongoing with some of the features of restorative justice in the judicial practice, to recognize their achievements at the same time, pointed out that in the current gaps in practice; article also abroad for further analysis of specific restorative justice practice, drawing on the results of its made in China to build restorative justice system, specific recommendations, including the mode of choice, the choice of intermediary staff, dialogue and so on.The third part is the conclusion. Pointed out in this part of the recovery of our country to build the future of the judicial system, at the same time shows the process in building a number of issues requiring attention to prevent damage to the concrete practice of restorative justice emerged the phenomenon of mind.