| As a new model of dispute resolution, restorative justice is quite different from the traditional retributive justice. Restorative justice has especially emphasized the protection of the victims'rights and interests in some respects and has certain advantage in this field. This paper takes restorative justice as a breakthrough point, analyzes the advantage of restorative justice in the aspect of the protection of the victims'rights and interests of our country, then makes a series of recommendations to borrow ideas from restorative justice to perfect the protection of the victims'rights and interests in our country. According to this line, the paper's logic frame is mainly composed by six parts.The preface part of this paper has introduced the general situations such as the significance of the study, the range of the study and the current situation of the study.The first part of the straight matter has discussed the related contents of restorative justice in detail. The rise of restorative justice is inseparable with the victim rights movement, the nativity of victimology as well as the appearance of the negative influence in the traditional criminal justice. As a newborn thing, restorative justice has some distinctive operation models such as victim offender reconciliation, family group conferences, sentencing circle and reparative police caution and so on. From all the discussions above, it can be seen that the restorative justice has a series of distinct characteristics.The second part of the straight matter has discussed that restorative justice can be favorable for protecting the victims'rights and interests. Compared with traditional criminal justice, restorative justice has improved the victims'position in criminal judicial procedure; restorative justice can be favorable for respecting the victims and maintaining the victims'dignity; restorative justice can be favorable for removing victims'fear of criminals; restorative justice can be favorable for compensating for the material harm and the immaterial harm of victims;restorative justice has not prevented the country from charging rights of criminals for being accused.The third part of the straight matter has intensively discussed the necessity of reinforcing the protection of the victims'rights and interests in our country from different angles. Reinforcing the protection of the victims'rights and interests is the need for punishing crime and protecting human rights, balancing the victims'rights and the criminals'rights, safeguarding the judicial justice and judicial practice and structuring harmonious society.Based on the above discussion, the fourth part of the straight matter proposes that we should borrow ideas from restorative justice to perfect the protection of the victims'rights and interests in our country. This part first discusses the feasibility of borrowing ideas from restorative justice in our country. This part then proposes a series of suggestion about borrowing ideas from restorative justice to perfect the protection of the victims'rights and interests in our country.The last part makes a conclusion of this paper's research result, the basic concept and the innovation spot. This paper's innovation spot is studying the problems in the protection of the victims'rights and interests from the restorative justice perspective. |
