In recent years，Some countries vigorously implement recovery justice in the field of criminal policy，I have accumulated a lot of practical experience，It also caused continuous discussion in the academic world。As an important measure of judicial reform worldwide，Recovery Judicial is both innovative，It also challenged many classic judicial principles and litigation systems，Therefore, the controversy is constantly。June this year，Zhang Yan, Assistant Professor of the Department of Sociology at the University of Macau，Liu Jianhong, a special professor at the University of Macau Law School，Australian criminalist、John Bradford Brazwaite (John Bradford Braithwaite), a special honor professor at the National University of Australia, jointly edited the theme of the "Asian Journal of Criminology" (Asian Journal of Criminology ". "Restorate Justice in Greater China" special issue。Topics such as the use and challenge of recovery justice，Our reporter interviewed Howard Zehr, an outstanding professor of the Outstanding Professor of East Menno University of East Menno University in the United States、Brees Weite、Zhang Yan、The Honorary Professor of Francis Kimari Law School at the University of Maryland Robert Condlin。

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Breeswater first shared with reporters a case that happened in Australia，The two young people were drunk at the time，Stolen a car to go up，Broken the car during the driving process，So I lost the car。From a legal point of view，This constitutes a car theft。But at the time，The two parties organized a recovery judicial meeting，The family members of the perpetrators meet the victims and their families。The family members of the victim said，My husband needs this car to work in different cities、Building a house，But because this car is completely damaged，He cannot go to work，Affecting the livelihood of our family。It happens to be，This young perpetrator was born in a wealthy family，Under its intention，The family members of the perpetrator proposed to give a sports car obtained from the family on the 17th birthday to the victim to make up。This sports car is worth $ 50,000，The value of the stolen vehicle is less than $ 10,000。From a legal perspective，For a young beginner，It is a very severe judgment for $ 50,000 due to a doll。But in the opinion of the participants，This seems to be a fair result，For the perpetrators and their families、The victims and their families are fair。Families on both sides have learned lessons，and re -established a good relationship。

Zel told reporters，At the beginning, when you first recovered judicial practice，Everything is around the criminal system、bet365 best casino games Crime and court。What is exciting today is，The use of recovery justice has been extended to many other fields，For example, the problem of damage compensation caused by the American campus，and the human resources of the workplace。Recovery justice is inspiring people who are increasingly diverse to think about how they live together。"I am glad to see，Recovery justice began to be applied in the American minority community，Promote the development of a safe community、Avoid negative interaction with the police and other institutions。I always admire the community -based justice，So I was very pleased to see that community organizations took care of each other and grew together。"Zell said。

Zel mentioned，Data indicates，Recovery justice is more effective in dealing with serious crimes。Recovery justice has a greater impact on felony criminals and victims，Because they have a real interesting relationship。Of course，It must be ensured that the victim is selected under the circumstances that the victim is in the case of knowledge，At the same time, ensure that their safety is guaranteed。other，He also emphasized the distinction between felony and light crime，Because this actually depends on the specific situation and people's wishes。In the theft of the room，If the victim does not clarify what happened，Can't accurately judge the damage they suffer，Because this is actually an experience that brings mental trauma，Even if the police do not think how serious this case is。

The difference between the concept of recovery judicial conference and criminal trial，Breeswater pointed out，The focus of the latter is those who may cause harm to others。At the recovery judicial meeting，All parties can invite those who can provide the most supporting parties，Whether he is from the victim or the criminal。The significance of the existence of recovery judicialness is to cure the perpetrator、Treatment society、Treatment of the relationship between the two parties。All criminals know that the effect of imprisonment in reducing crimes is not good，Construction prison is also very expensive，So this shows the advantage of recovery judicial。For taxpayers，Restore judicial justice is more effective、More economical method of curbing crimes，It also helps build a better community relationship，Create a more harmonious society，Let people learn how to apologize、How to forgive others、How to repair the damage caused by your behavior。

Breeswater said: "I hope those who have experienced this process can adopt recovery in daily life。If the young man grows up，No longer getting angry with his wife or partner because of family disputes，Instead, in daily life, in a more recoverable way to deal with the dispute。This is a grand vision，There is still a long way to go to realize this vision，But this is an important part of the vision。”

　　helps promote social harmony

bet365 Play online games Breeswater said，In China，People rarely use the term "recovery justice"。Actually，There are millions of cases in China every year in a way to deal with recovery judicial spirit。One of the great benefits to China is to reduce the imprisonment rate。There is a one by Zhang Yan and others in the Judicial Quarterly (Justice Quarterly "" Can recovery judicial reducing imprisonment? "Can Restorate Justice Reduce Incarceration? A Story from China) paper shows a trend of decreased imprisonment in China。It also mentioned in the text，2012，The National People's Congress adopted the Amendment of the Criminal Procedure Law of the People's Republic of China，Among them, the criminal reconciliation system was made directly、Specific regulations。As far as micro practice is concerned，We can imagine a huge funnel，It is full of filters。Big Fighting represents China's criminal judicial system，and the filter represents the recovery judicial practice adopted by different criminal judicial institutions。When the case of minor damage enters the funnel for the first time，Public security organs and other upper -layer filters will screen most cases。This path of the path far from prison is widely used in public security organs，and the effect of reducing imprisonment at the front of the case。In the middle layer of the filter，Procuratorate blocked some cases。Prosecutors show a conservative attitude towards criminal reconciliation，and be cautious about the decision to not prosecute。This link of the court，In 172731, a minor injury crime，Criminal reconciliation (as one of the individual sentencing factors) reduces the criminal period by nearly 9%; the compensation and forgiveness of the court's decision reduces the imprisonment time，Improving the possibility of probation。After the last filter (judgment) program was performed in the court，Some cases finally flow into the prison system。

Zhang Yan told reporters，Recovery Justice has a natural fit with Chinese Confucianism。Based on the concept of "harmony as expensive"，Confucianism pursues the ideal of "no litigation" at the judicial level，Balance the interests of both parties，Restore the harmonious order of being destroyed，Balanced interests、Promote moral tolerance and other means，Reach reconciliation for both parties，This is quite close to the concept of "recovery judicial" in the West。Recovery judicial emphasis on the reconciliation between victims and criminals，Regrets the criminals、Repentance and the forgiveness of the victims are deemed to be an important factor。The goal of recovery justice is to ensure the defendant、The equal status of victims and communities in criminal justice，and are committed to reducing the imprisonment rate，Solve the dispute through the way the parties reach the intention，Alternative authoritative solution。bet365 live casino games By borrowing and fusion:，It can better achieve the goals of the harmonious society，Promoting criminal judicial progress and development。

　　Simple transplantation will inevitably lead to failure

Zel said，Their recovery judicial project is designed for employees，Let people with practical experience train other practitioners，These new practitioners will return to their own country to carry out recovery judicial practice。For example，In Pakistan，Practitioners use recovery judicial conflict to solve the process of modernization.，Korean schools and criminal justice systems have also carried out relevant practice。Many African students have discovered that recovery justice is in line with their traditional culture，and promote the legalization of it。Sometimes recovery judicial practice will encounter challenges，For example，Although restored justice is now part of the reform of the Northern Ireland criminal judicial system，But in the process of implementation, various political issues are often involved。

Zel said，During the practice process，Practitioners can easily ignore their own cultural and class prejudice。So，It is necessary to listen to various sounds，Practitioners must be diversified，You cannot use a single practical model at the same time。For example，When someone attempts to implement recovery judicial at their own country，Can't follow your own culture、Tradition and Method Theory。Their method can provide it with ideas，But you can’t simply transplant the method from one cultural background to another，So employees、Diversity of supervisors is very important，Members of recovery judicial conferences should have a diversified background。

Zel when talking about，Another major obstacle to implement recovery justice is that people often difficult for people to abandon the way of doing things in the past。For example, a lawyer、It is difficult for teachers，or what they experienced in their growth。The university also spent a long time in receiving recovery judicial practice，Because they have been trained in a fixed mode，Coupled with their legal consultant, it is still a traditional way，These obstacles forced things to maintain the original shape。Training that people have received，People’s own interests，Even the self -esteem of recovery judicial practitioners may also make them unwilling to listen to others，This is the real challenge。Zel often persuades students and audiences to maintain open thinking，Listen to the sound of criticism。Because practitioners can easily mistakenly believe that recovery justice is simply a wonderful thing，It is impossible to have any problems，But actually，It can't help but have risks that deviate from the right track。So，Need critical thinking，Listen to the sound of criticism。

There is also a controversial application that makes bet365 Play online games recovery judicial controversy related to domestic violence cases。That's，Zel told reporters，This is indeed an important problem that I spent a lot of time in my career。Family violence involves long -term and fixed behavior mode，Therefore, it is very complicated。These violence models are rooted in people's deep psychology，and even people outside of this relationship may not be able to understand the delicate signal hidden among them。So，We once said that we should not use recovery judicial practice for domestic violence cases，But later，Some domestic violence survivors began to ask for mediation，Because they are frustrated by the legal system，Many times I found that the response of courts and police did not help much。Actually，Studies show，A few people are more likely to choose not to report to the police after experiencing domestic violence，Because they do not trust the system，Results may cause some victims to be killed。Compared to the police，Recovery justice can better help them。So，We requested these victims to start trying to mediate when joining the guarantee measures。These measures include ensuring that violence can be stopped in time，Experts in the field of domestic violence who have trained professional training participate in the entire process，Make sure the victims can get real comfort and security.。Many points need to be considered when dealing with such cases，First of all, ensure that the victims are fully involved and supervised the whole process; second，All practitioners need to receive training on trauma，To understand what the trauma will affect people's lives; finally，The victim must not be forced to participate，It is necessary to give the victim full time to consider the risk and benefits of recovery judicial practice，Choose itself，Until they are ready, gather the two parties together。

When asked if the government can promote recovery judicial development，Zel said: "Promoting this system does need government support and recognition。I have argued with my friend Alan Macrae in New Zealand in New Zealand。In New Zealand，Recovery justice has received the government's support，Otherwise it will not be able to implement it throughout the country，But it also brought some problems。It was originally a voluntary activity，So the volunteer who receives training is。But as the government applies more and more specifications to it，Volunteer standards become higher and higher，Gradually become a lawyer's job，Finally, keep the community away from recovery judicial practice。But I personally pay more attention to the community itself，I hope that the government can allow the development of recovery judicial by legislation，and provide it with security protection，But at the same time, we must also allow the community to play innovation and creativity，Do not be overly managed or too compulsory，Because Bet365 lotto review this will seriously weaken creativity。”

　　ForeverIs measuring the ruler of the resolution of disputes

Kantin holds suspicion of justice for recovery justice。He said to reporters，Starting from the Era of AD，Human began to start from the perspective of individualism (with "I" first) and collectivism (from "we" first)，or solve the dispute in a combination of the two。The history of the resolution of human disputes finally presented bilaterality to some extent。Different differences、Facing resentment and processing claims，People can sometimes be selfless forgotten，Sometimes acting selfish。What kind of dispute solutions and their variants are more superior issues，Humans have argued for thousands of years，But there is still no way to occupy the dominant position。Each method has been adopted and implemented by some people for a certain period of time。In view of this，We seem to be able to conclude that there are certain eternal factors in human genetic passwords，instead of the perspective of individualism or collectivism, this problem has not been considered。Need to explain and control some emotions that may cause social differences，Ru anger、Jealousy、Jealousy、Greedy、Revenge、arrogance、From Big、Rebate、So victorious, etc.。These emotions seem to be part of human genetic structure。These emotional people、Different from the scene。History tells us，These emotions and their behaviors are usually difficult to be drugs in the short term、Education、Communication、Training、Guidance and other controls or neutralization (at least in the short term, it is difficult to control，and most controversial relationships are short -term)。Emotion is an indispensable feature of human disputes，and from the beginning of human beings, it has always existed。

Kantin thinks，Since these emotions are so eternal，So their existence must have important reasons，Otherwise, the evolution and natural choices that exceed the millennium will remove them from the toolkit of the dispute to the dispute。Despite this，The arguments of recovery judicial justice have hardly mentioned these contents，Nor not to point out their role in solving disputes。On the contrary，It assumes that people are "always the best self"，At the same time，Based its argument on the theory of individual political and social organizations。

Kantin said: "Can the dispute be solved smoothly，to a large extent depends on the social skills and mental state of the parties，Therefore, there is no psychological support that ignores emotional factors，Unreasonable。"" He thinks，Recovery judicial and alternative dispute solutions exist in common，This commonality also makes it impartial。Like all alternative dispute solution procedures，Recovery Judicial does not allow the parties to learn about the solution results of other types of the same Bet365 app download type，So as a horizontal comparison。To determine whether an informal system is "fair"，At least need to know if it treats the parties equally，Because equal treatment is a basic component of justice。But，The parties to the recovery judicial project cannot know what the effect of the alternative dispute solution of them obtained by other parties in similar situations。

Kantling said: "Supporters of the resolution of alternative disputes treat the parties' satisfaction with the result of equal treatment，At the same time, treat equal treatment as fair evidence，Then use fairness as evidence of justice，to bypass the above problems。But，Only when the parties are fully informed，Its satisfaction is the reliable indicator of equal treatment，If the parties cannot get the required information，It is impossible for them to fully know。If the alternative dispute solution cannot meet this basic criterion，So the entire exposition will also fall apart。So，The parties are satisfied with their alternative dispute solution experience，They are actually describing the treatment they feel，instead of evaluating the substantive results of the resolution of alternative disputes。”

He said，To understand recovery justice、Voluntary participation and the relevant skills and personal quality of the required related skills，The recovery judicial system is meaningful。But because the repeated participants are very limited，It is almost impossible to learn all the above elements in advance。In view of this，The term "recovery judicial" system is too much in most cases。It is more like a rhetoric，The informal informative of the resolution of alternative disputes is mixed with a touch of law and solemn color of the law，and from beginning to end，Informal dispute solutions are still a big problem。