2009Unpublished venueRequires access

The Evaluation on the Criminal Proceedings and Restorative Justice

Yong‐Jun Liu

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Abstract

In our country,the restorative justice is advocated in the field of legal theory and practical department.It takes in account the legal interest and emotion of the victim and focuses on not only the healing of victims but also the restoration of community order,which is consonant with the trend of non-criminal and non-penalty.The idea of the restoration of justice will replace or is replacing the retributive justice,a metaphor in traditional penalty.In fact,the criminal reconciliation advocated by the domestic criminal policy is the localization of restorative justice practice,which has worked well.However,the concept of restorative justice does not agree with the purpose of criminal litigation,and the criminal reconciliation system in our country differs from the restorative justice.Therefore,the restorative justice is not as perfect as people expect and plays merely a supplementary role to the traditional penalty.

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What this paper is about

In our country,the restorative justice is advocated in the field of legal theory and practical department.It takes in account the legal interest and emotion of the victim and focuses on not only the healing of victims but also the restoration of community order,which is consonant with the trend of non-criminal and non-penalty.The idea of the restoration of justice will replace or is replacing the retributive justice,a metaphor in traditional penalty.In fact,the criminal reconciliation advocated by the domestic criminal policy is the localization of restorative justice practice,which has worked well.However,the concept of restorative justice does not agree with the purpose of criminal litigation,and the criminal reconciliation system in our country differs from the restorative justice.Therefore,the restorative justice is not as perfect as people expect and plays merely a supplementary role to the traditional penalty.

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Available abstract

In our country,the restorative justice is advocated in the field of legal theory and practical department.It takes in account the legal interest and emotion of the victim and focuses on not only the healing of victims but also the restoration of community order,which is consonant with the trend of non-criminal and non-penalty.The idea of the restoration of justice will replace or is replacing the retributive justice,a metaphor in traditional penalty.In fact,the criminal reconciliation advocated by the domestic criminal policy is the localization of restorative justice practice,which has worked well.However,the concept of restorative justice does not agree with the purpose of criminal litigation,and the criminal reconciliation system in our country differs from the restorative justice.Therefore,the restorative justice is not as perfect as people expect and plays merely a supplementary role to the traditional penalty.

Key concepts: Restorative justice, Retributive justice, Theory of criminal justice, Criminology, Criminal justice, Economic Justice, Criminal law, Law

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