恢复性司法的程序化

On the Procedural Approach of the Restorative Justice

恢复性司法并不是一种“司法”,更不能简单地等同于一种司法实践范式,视之为一种解决刑事争端的理念比较妥当。其表现形式多种多样,法律程序所认可的恢复模式尚为少数。恢复理念转化为具体的诉讼程序的利弊,以及如何保障这种恢复性程序的公平性与正当性,则是任何一国思考恢复性司法诉讼程序化所绕不开的问题。

Restorative justice is not a kind of justice, and cannot be simply regarded as a model of justice but a kind of idea for resolving criminal disputes. The forms of restorative justice are currently various, however, only few is recognized by law. The advantage and disadvantage of the idea of restoration traosformed into procedure, and how to safeguard the fairness and legitimacy of this procedure, are problems indispensable for every country speculating on the procedural approach of the restorative justice.