恢复性司法视角下的赔命价——以民间法为研究立场

Payment Price for Life from the Perspective of Restorative Justice

历史上,赔命价曾经盛极一时却始终难以跳脱民间法的宿命;现实中,赔命价遭遇国家法的放逐甚至打压却生生不息。赔命价将向何处去?当下,关于介绍和引入恢复性司法的理论研究在我国正如火如荼地进行。恢复性司法,这种与赔命价在理念上和机制上都存在诸多暗合之处的司法模式,能否为我们解开赔命价命运的"戈尔迪"之结提供思路上的启发,为赔命价摆脱其尴尬现状提供契机?

In history,the payment price for life was once extremely thriving but it still couldnt be free flom the destiny of folk law eventually. In reality,the payment price for life still goes on though it has been banished and even suppressed by state law. Where will it go？ At present,theoretical researches about introducing restorative justice are already in full swing in our country, ls restorative justice, a kind of judicature pattern sharing lots of similarities with payment price for life in concept and mechanism, able to offer any enlightenment for us to solve the Gordian knot of the payment price for life and bring about any chance to break away from its current awkward situation？