从恢复性司法论我国“和解制度的刑事化”

Subject: On "the System of Criminal reconciliation" in Our Country from the Administration of Restorative Justice

“恢复性司法”是西方国家的一项刑事司法制度,它的价值在于通过犯罪人、被害人及其他主体之间积极主动的沟通和交流,让犯罪人有机会通过积极的、负责任的行为尽快改过自新、融入社会,同时使得被害人因犯罪所造成的物质、精神损失得到有效的补偿,使被害人受犯罪影响的生活能够尽快地恢复常态,最大限度地保护被害人的合法权益。我国应借鉴其合理之处,构建我国的刑事和解制度。

The restorative justice is a criminal judicial system of the western countries, its value lies in making positive communication and exchange among the sinner, victim and subjects, let crime people have an opportunity to correct their errors and make a fresh start, incorporate the society as soon as possible by the positive and responsible behaviors; at the same time, let the victims receive effective compensation of material and emotion because of crime, let the victim＇s life influenced by crime turn normal as soon as possible, having protected the victim＇s legitimate rights and interests to the maximum extent. Our country should draw lessons from its rational parts, construct the system of criminal reconciliation of our country.