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恢复性司法以其特有的冲突解决方式实现了传统刑事司法很难实现的社会效果,得到联合国的肯定与推广,也十分契合我国构建和谐社会的目标,但由于采取非诉讼和非刑罚的方式,加害人与受害人在冲突的解决中居于主导地位,颠覆了传统司法的国家主导及刑罚为主的模式,尽管具有良好的社会效果,但其公平与正义性却遭到质疑,成为在我国确立推行的障碍。辨析体现公平正义的传统刑事司法基本原则,恢复性司法的正义价值不容置疑。
Restorative justice has achieved the social effect that traditional criminal justice can hardly achieve by its unique way of conflict resolution. It has been affirmed and promoted by the United Nations and also meets the goal of building a harmonious society in our country. However, due to non-litigation and non-punishment methods, Victim and victim dominate the conflict settlement and subvert the traditional state-led and penalty-based mode of traditional justice. However, despite its good social effect, the fairness and justice of the victim and the victim have been questioned and become established in our country Barriers to implementation. Discriminating the basic principles of traditional criminal justice that reflect fairness and justice, the justice value of restorative justice can not be questioned.