论修复性司法模式

与重惩罚的传统刑事司法模式不同,修复性司法模式,强调的是如何对犯罪造成的损害进行修复,而非单纯惩罚犯罪人。修复性司法作为一种刑事司法改革运动与一种刑事司法理念,还不是一个完全成熟的理论。因此,其内涵关系真实性是否存在还需要进一步检验,同样,修复性司法在我国能否进入实务过程似乎还有一段困难的路要走,仍有待加强实证研究。

On the Restorative Justice Structure

Contrary to the traditional criminal justice structure that stresses punishment, the renovating justice pays much more attention to the renovation of the harm caused by a crime other than punishing criminals. After briefing the connotation of the structure of renovating justice introduced from western countries and elaborating its function and attributes, this paper analyzes its defects and concludes that the renovating justice cannot serve as a matured doctrine to reform or render a valid notion for criminal justice. Further, the reality of its connotation still needs to be ascertained in the future. So, without a comprehensive study and much experience, it is hard to say whether the renovating justice can be put into practice in China in the foreseeable future.