复和正义和刑事调解

犯罪自产生以来 ,其恶性随着人类文明的进步而加大 ,相反 ,人类用于对付犯罪的刑罚手段却渐趋轻缓和文明。毫无疑问 ,到目前为止 ,刑罚仍是对付犯罪最为有效的手段之一 ,审判也是解决犯罪问题的主要方式。但由于建立在报应基础之上的刑罚 ,本质上是一种“以恶制恶” ,因此 ,其弊端也是显而易见的。由此 ,在处理犯罪问题时需要引入复和正义 ,并进一步扩大刑事调解范围

Restoration Justice and Criminal Mediation

From its birth, the evil of crime has been intensified with the progress of human civilization. On the contrary, the punishment means used by human being to fight crimes are lighter and more civilized. Doubtlessly, up to now, punishment is still one of the most effective methods to fight crimes and trial is the main way to resolve the problems of crimes. However, the punishment based on retribution is a kind of "combating evil with evil" in essence. Therefore, its drawbacks are obvious. While the problems of crimes are being handled, restoration justice should be introduced, and the scope of criminal mediation should be further enlarged.