论西方国家恢复性司法制度建立和发展的理念基础

Disscussion on the Theoretical Basis of the Western Countries' Setting and Developing of Restorative Justice

恢复性司法作为一种在当今社会逐渐受到重视的司法新模式,在世界许多国家尤其在西方国家产生着日益重要的影响,这种司法方式甚至在一些发达国家取得了正式司法模式的地位,这种情况的出现是由西方的人本主义思想传统所直接决定的,西方人本主义思想以自然法思想、功利主义和自力观为价值基础,而在我国的文化背景和制度框架下引入恢复性司法则缺乏这些人文理念的支持,应当充分认识到这种客观差异,不盲目模仿西方发达国家的作法。

As a judiciary new model that is be received more and more attention, restorative justice is give on more and more important influences on many courtries in the world, including the western countries, in some states, it goes so far as to achive a status of formal judiciary model. The reason why this condition come into being is dependent on the tradtional humism history in the western countries, which consiting of natural law thoughts, utilitarianism and selfdeciding theories. There is no the similar social environment to support the restorative justice practices, so we must pay enough attention to the differences between China and the western countries, and it is dangerous to follow the trends in developed countries.