在反思现实危机和被害人学兴起的背景下,刑事司法领域掀起了恢复性司法研究和应用的热潮。但随着研究的深入,恢复性司法在理论层面的困境逐渐显现出来。笔者认为理论上的困境主要表现为与现行司法体制的关系、合意型处理犯罪的模式与国家刑罚观的冲突以及正义目标与实现途径之间的张力三个方面。如果理论上的困境得不到解决,其长远的发展必然受阻。 Reflecting on the real crisis and the rise of victimology, there has been a boom in the research and application of restorative justice in the field of criminal justice. However, with the deepening of the research, the dilemma of restorative justice on the theoretical level has gradually emerged. The author believes that the predicament in theory mainly manifests in three aspects: the relationship with the current judicial system, the conflict between the mode of dealing with crime intentionally and the concept of state penalty, and the tension between the goal of justice and its realization. If the theoretical difficulties can not be solved, its long-term development must be hindered.