恢复性司法本土化论证

The Localization of Restorative Justice

近年来,恢复性司法运动在西方如火如荼地进行。受到恢复性司法观念的影响,我国一些学者希望引进该理念以服务于我国司法。尽管恢复性司法观念具有诸多优势,但其是否符合罪刑法定原则、能否适应中国的法治环境、会否造成司法资源的浪费?诸多问题都使学者对恢复性司法产生"水土不服"的质疑。恢复性司法与中国公诉案件和解制度相比,其从合法性、合理性、可行性和经济性等若干方面都具有本土化的可能性,并能够在中国的刑事司法中不断发展和完善。

In recent years, restorative justice movement is developing rapidly in west countries. Influenced by the concept of restorative justice, some scholars hope to introduce the concept to serve China＇s judicial philosophy. Although the concept of restorative justice has many advantages, is it in line with the principle of a legally prescribed punishment？ Can it adapt to China＇s rule of law？ Will it result in a waste of judicial resources？ Many problems have made scholars sus- pect that restorative justice can adapt to Chinese society. By comparing with the criminal reconciliation system, the restorative justice, which can be constantly developed and improved, will be indigenized in China in terms of the legitimacy and rationality, feasibility and economy.