2011Tianjin Legal ScienceRequires access

On the Value of Restorative Justice——From the Perspective of Building a Harmonious Society

Yujie Li

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Abstract

Restorative justice with its unique way of conflict resolution achieves the social effect which is difficult for the traditional criminal justice to do so,gaining recognition and promotion of the United Nations,and it is also suitable for building a harmonious society.However,due to non-litigation and non-punitive manner,the perpetrators and the victim are in the dominant position in the conflict resolution,subverting the traditional state-led administration of justice and punishment-based model.So despite the good social effect,fairness and justice of restorative justice have been questioned,which becomes implementation obstacles in our country.We should analyze fairness and justice of the basic principles of traditional criminal justice,and restorative justice is no doubt of the value of justice.

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What this paper is about

Restorative justice with its unique way of conflict resolution achieves the social effect which is difficult for the traditional criminal justice to do so,gaining recognition and promotion of the United Nations,and it is also suitable for building a harmonious society.However,due to non-litigation and non-punitive manner,the perpetrators and the victim are in the dominant position in the conflict resolution,subverting the traditional state-led administration of justice and punishment-based model.So despite the good social effect,fairness and justice of restorative justice have been questioned,which becomes implementation obstacles in our country.We should analyze fairness and justice of the basic principles of traditional criminal justice,and restorative justice is no doubt of the value of justice.

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Available abstract

Restorative justice with its unique way of conflict resolution achieves the social effect which is difficult for the traditional criminal justice to do so,gaining recognition and promotion of the United Nations,and it is also suitable for building a harmonious society.However,due to non-litigation and non-punitive manner,the perpetrators and the victim are in the dominant position in the conflict resolution,subverting the traditional state-led administration of justice and punishment-based model.So despite the good social effect,fairness and justice of restorative justice have been questioned,which becomes implementation obstacles in our country.We should analyze fairness and justice of the basic principles of traditional criminal justice,and restorative justice is no doubt of the value of justice.

Key concepts: Restorative justice, Theory of criminal justice, Economic Justice, Criminology, Retributive justice, Punishment (psychology), Punitive damages, Value (mathematics)

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