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Restorative justice model in practice the use of

Author: MengXianLu
Tutor: PanQin
School: China University of Political Science
Course: Criminal Law
Keywords: Restorative justice Compare The introduction of
CLC: D925.2
Type: Master's thesis
Year: 2007
Downloads: 92
Quote: 0
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Abstract


Traditional retributive justice concept that commits a crime, we must be punished, the punishment of criminals allowed to feel fear, so as to achieve the rehabilitation of offenders, crime prevention purposes. Restorative justice is a justice of the results of a restorative process and informal crime approach. The so-called restorative process is in a mediator to help the victims, offenders and community members to actively participate in the program to solve the problems caused by crime. Simply put, restorative justice seeks to establish a pattern of crime and the victim to enter the dialogue state, to the extent possible, the damaged social relations back to the crime before the state. This model generally consists of four steps: admit error; sharing and understand the harmful effects; to reach agreement on compensation matters; to build understanding on future behavior. Restorative justice to consider an appropriate way of criminal punishment, take into account the offender's return to society, especially considering that the victim aspirations and interests of victims compensation, and more in line with modern society, criminal justice, diversity, flexibility and policy purpose to achieve the requirements, so restorative justice to be generally recognized in the international arena, and has become one of the countries in the current legislative reforms, but in the country is more advanced, this is also the author of \Master's thesis to be where the purpose of the study lies. The four-part article the following statement: the first chapter, the author describes the origin and development of restorative justice. The author describes the status and characteristics of restorative justice, and to explore the theoretical connotation of restorative justice. Second chapter, the author studied a form of expression and the basis of restorative justice. I assume from the premise, on the rights and obligations assumed judicial process assumes compare the difference with the traditional criminal justice. Subsequently, I sanctions crime, correction of offenders, increase public safety discusses the value of restorative justice foundation. Chapter 3, I first introduced the seven practices for restorative justice in a foreign country, then there may be advantages and disadvantages of restorative justice from the four aspects were evaluated. Finally, the author describes the differences and differences between the recovery of the original criminal justice system, discusses China's need for the establishment of restorative justice, with a practical foundation for the establishment of restorative justice, and made a number of legislative proposals.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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