论恢复性司法在监狱行刑中的运用

Application of Restorative Justice in Prison Execution

恢复性司法是一种由犯罪各方利害关系人共同参与犯罪处理活动的司法程序,强调的是恢复和整合因犯罪和被害造成的社会关系的破坏,恢复原有和谐的社会关系和秩序。域外的立法及实践证明,在监狱行刑中运用恢复性司法有其存在的土壤。国内监狱行刑的人性化和社会化趋势、被害人权益的保护以及犯罪人改造和预防的需要证明,在监狱行刑中运用恢复性司法有其存在的理论依据和现实意义。在具体的设计中,狱中恢复性司法适用于一切案件、适用犯罪人——被害人调解模式并由监狱机关主持。同时,为了保证狱中恢复性司法的顺利实施,还应建立犯罪人人身危险性评估机制、被害人和犯罪人信息互动"平台"、恢复性司法基金等保障措施。

The restorative justice is a judicial proceeding which requests the parties involved to participate in the case handling. What is stressed is to resume and integrate the impaired social relations caused by the crime and victimization and to restore the harmonious social relations and order. Foreign legislation and practice has proved that it is suitable to apply the restorative justice in the prison execution. Domestic trends of the humanization and socialization in prison execution and the need of the rights and interests protection for victims and the transformation and prevention of perpetrators has proved that the use of restorative justice in the prison execution has its own theoretical basis and practical significance. In the specific design, the restorative justice in the prison execution applies to all cases, applying to the perpetrators victim mediation model and presided over by the prison authorities. At the same time, in order to ensure the smooth implementation of the restorative justice in the prison execution, we should establish the corresponding safeguards such as the personal danger assessment mechanism of perpetrators, the information interactive ＂platform＂ of victims and perpetrators with the funds of restorative justice.