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恢复性司法(RestorativeJustice)是近三十年来西方国家兴起的一场新的刑事司法改革运动①,尽管它仅有短短的三十年,但作为一种新的刑法理念和预防犯罪模式,已经在西方国家乃至世界范围内产生了深远的影响。联合国在1999年的一项决议中鼓励成员国在适合的案件中适用恢复性司法,千禧年在维也纳的召开的第十届联合国犯罪预防与罪犯待遇大会更要求成员国进一步扩大恢复性司法的使用范围。我国作为联合国的常任理事国,更应该积极响应联合国的决议和号召,在恢复性司法的理论研究和实践领域起到表率和示范作用。目前学界尽管对恢复性司法适用的对象存在争议,譬如严重犯罪或不可弥补性犯罪能否适用的问题,但基本上对“轻微”案件和青少年犯罪可以适用恢复性司法达成共识。本文着眼与未成年人恢复性司法的适用,着重对其基本理论和可行性进行了探讨。
Restorative Justice is a new criminal justice reform movement that has been taking place in western countries in recent thirty years. Although it is only a short span of thirty years, as a new criminal law concept and crime prevention model, In the western countries and the world has had a profound impact. In a 1999 resolution, the United Nations encouraged Member States to apply restorative justice in appropriate cases. The Tenth United Nations Convention on Crime Prevention and the Treatment of Offenders, to be held in Vienna in the millennium, also urged Member States to further expand the scope of restorative justice Use range. As a permanent member of the United Nations, our country should respond positively to the UN resolutions and calls for exemplary and exemplary role in the theoretical research and practice of restorative justice. At present, the academic circles, despite the controversy over the applicability of restorative justice, such as the applicability of serious crimes or irreparable crimes, basically reached a consensus on the application of restorative justice to cases of “minor” crimes and juvenile delinquency. This paper focuses on the application of restorative justice to minors, and focuses on its basic theory and feasibility.