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Exploring the Fairness and Justice from the Perspective of Restorative Justice

Author: ChangGuoDong
Tutor: LuoWenBo
School: Shandong University
Course: Legal
Keywords: Restorative justice Fairness and justice Justice of distribution Justice ofretaliation Justice of defense
CLC: D915.3
Type: Master's thesis
Year: 2012
Downloads: 47
Quote: 0
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Abstract


Faced with the grim reality that the crime rate continues to rise and the highrecidivism rate, the traditional criminal justice seemed to have many difficulties to copewith it. In the1970s,based on endless reflection about the traditional criminal justice,and execution socialization and the victims movement began,Western society began toexplore another new mode to solve social conflicts tirelessly. Thus, a” new" criminaljustice model-restorative justice was born in the soil of North America where the rule oflaw is highly developed.Since restorative justice generated, a large number of domesticand foreign scholars have conducted a lot of fruitful research, particularly in restorativejustice theory itself, the scope of application of restorative justice and restorative justicelocalization research, etc., which effectively promoted the development of restorativejustice in various countries and the world. By Western society as well as the UnitedNations greatly inthroned in just three decades, restorative justice attracted worldwideattention,and lead the trend of criminal justice reform in the West and even theworld.However,the disputes about restorative justice never died, many peoplethought restorative justice as to pay commutation of sentence or the offender’s speech ofdefense. Hart once said:"laws have the law and its implementation to be praised or blamed,just or unjust is the most frequently used words". From this perspective, misreading aboutrestorative justice is based on the pursuit of fairness and justice. Thus,to explore fairnessvalue and justice value of restorative justice theory becomes very necessary. Restorativejustice theory comes from practice, its meaning is also in the process of evolving, I willfirst make a brief overview based on previous research about restorative justice theoryitself,summed up What are its pirnciples and the characteristics to help us realizerestorative justice.I will also expatiate the relation between restorative justice andtraditional criminal justice. Then, I will make a brief overview about fairness and justice.Iwill explore the definition of fairness and justice and analyze the concept of "justice" Thenwe can sum up the content of fairness and justice in criminal justice.Finally,! combine the2 above two points to explore justice of the distribution, justice of retaliation and justice ofdefense through the compare between traditional criminal justice and restorativejustice,and come to the conclusion.

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