An Empirical Study On The Localization Of Restorative Justice

Compared with retributive justice,restorative justice takes the interests of the victim,the perpetrator and the relevant social relations as the core consideration,and creatively provides a new path choice for conflict resolution and social relations repair.In recent years,the state and society for new criminal suit mode and the modern social governance in-depth exploration,such as greater confessed forfeit their system of formal establishment and perfecting of community correction system from solid however angles show that restorative justice in our country has certain theoretical and practical basis of localization,the institutional transformation has been reflected.However,due to the long-term influence of the traditional concept of criminal justice,there are obvious gaps in the understanding and application of this "foreign product".In particular,there are many defects in system design,so that the judicial effect is not very ideal and social relations are in danger of being damaged twice.Therefore,it is urgent to make a comprehensive and in-depth analysis of restorative justice itself and related problems of its localization,break the current theoretical and practical obstacles,relieve the series of contradictions seen in the localization process,and explore a more ideal scheme for the localization of restorative justice.This is also the only way to improve social governance and criminal justice system,fundamentally resolve social contradictions,repair social relations,and achieve a pluralistic justice and harmonious society.In this paper,the "localization" of restorative justice is taken as the drawing line,and the thesis is carried out specifically around this proposition.Firstly,the concept,connotation,historical evolution and other basic contents of restorative justice are expounded.Combined with the application practice and transformation of restorative justice in various countries,the main modes and characteristics of restorative justice are summarized;Secondly,in luliang city in recent years,the judicial practice,for example,through the empirical analysis,summarized current status of the localization of restorative justice,and further analyzes the current existing localization restorative justice predicament,primarily from the judicial idea and system design two aspects,especially for existing classes focus on analyzing the problems existing in the restorative justice system;Thirdly,this paper makes an in-depth analysis of the plight of restorative justice localization in China,mainly from the two aspects of judicial philosophy and system design,especially the existing problems of the existing restorative justice system.In the author’s opinion,the social recovery mechanism which is the biggest obstacle to the localization of restorative justice should be solved as soon as possible.Finally,this paper summarizes the obstacles of restorative justice localization mentioned above,turns the focus from the analysis of the current situation to the thinking of the future reform path,and puts forward my own ideas from the aspects of innovative ideas,clear positioning,perfect system design and improve the level of judicial practice.The restorative justice localization reform is bound to be full of ups and downs.In order to truly survive and develop in our society,great efforts must be made in concept innovation and system design,especially to solve the problems such as insufficient protection of the rights and interests of the parties,backward community construction and public power penetration.Although the application of restorative justice cannot be realized quickly due to the limitations of social reality,it should also be noted that restorative justice is highly compatible with the goal of social governance modernization,which is of great significance to China’s overall goal of comprehensively governing the country by law.Therefore,it is bound to have bright prospects for development.