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Restorative justice

2018-10-08 来源: 51due教员组 类别: Paper范文

下面为大家整理一篇优秀的paper代写范文- Restorative justice,供大家参考学习,这篇论文讨论了修复性司法。修复性司法,指的是以受害人为中心的基础上对犯罪做出的一种反应,其为受害人和罪犯两者的家庭成员以及社区代表,提供了直接参与对罪行所致损害做出反应的机会,涉及的内容较为广泛。与传统刑事司法相比,修复性司法认为犯罪的本质主要是对被害人或社区的侵害,强调个人和社区在处理案件中的主导和推动作用,强调犯罪控制主要在于社会控制。

Restorative justice,修复性司法,essay代写,paper代写,作业代写

Restorative justice is a response to crimes on the basis of victims, and provides opportunities for victims, offenders, their family members and community representatives to directly participate in the response to damages caused by crimes, covering a wide range of contents. The core idea is to "repair", that is, to change the traditional "punishment" and "correction" to "repair", and to change the traditional criminal justice mode of "one national criminal" to "one criminal victim" mode. It is characterized by: paying more attention to the harm caused by the crime rather than the violation of the law; Provides an expanded role for the victim; Integrating justice into the community; To demand responsibility from the offender; Balance the interests of all parties and give equal attention and respect to both the offender and the victim.

Compared with the traditional criminal justice, the restorative justice thinks that the essence of crime is mainly the infringement on victims or communities, emphasizes the leading and promoting role of individuals and communities in handling cases, and emphasizes that crime control mainly lies in social control. The restorative justice defines the criminal's responsibility as the responsibility for his own behavior and takes positive actions to repair the damage. The restorative justice thinks that the simple punishment is ineffective in changing people's behavior, and that the cost of public ownership is high and the effect is poor. The restorative justice attaches importance to the victim's rights and interests, and the victim is at the center of solving the crime problem. Restorative justice concerns the future; The restorative justice relies on the parties involved in the crime to directly participate in the process of dealing with the crime and put forward the solution; Restorative justice emphasizes dialogue and coordination and addresses issues through mediation, reconciliation and consultation. The aim of restorative justice is to make the infringer reintegrate into the society while seeking a balance between the victim and community interests.

Restorative justice has advantages in meeting the needs of all parties, attracting public participation, preventing and reducing crimes, reducing costs and improving effectiveness, but it also has the limitations of over-reliance on parties, limited cases suitable for handling, improper expansion of social control and inadequate protection of the rights of vulnerable groups and parties.

Corrective justice is a new trend in the development of criminal justice, bring us many beneficial enlightenment: social order maintenance does not necessarily rely on national public power, the rule of law is not necessarily will state as a benchmark of the rule of law, pluralism of values and diversified mode of crime treatment will make the modern rule of law is more energetic; Criminal justice can and should be the restorer in order to build a harmonious society. The connotation of justice should be rerecognized and there are many ways to realize justice. The solutions to crimes can be diversified, and the limited resources should be reasonably allocated to different solutions. Different solutions should be applied according to the special requirements of different crimes and the parties' autonomy.

To reform China's criminal justice, we should go beyond the narrow thinking of simply reforming the criminal procedure, reshape the criminal justice mechanism, and gradually establish a two-track system of unified coordination, benign interaction, functional complementarity, procedural cohesion and mutual support, so as to better solve the crime problem.

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