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恢复性司法制度因符合当下和谐社会的理念而得到刑事法理论界青睐和张扬,尤其给备受刑事案件数量重压下的司法实务界带了“清新的空气”。笔者以为,恢复性司法制度以功利主义哲学为其价值基础,以满足司法功利主义的需求。它与我国刑事实体法理论存在诸多冲突与不可协调的矛盾,故需谨慎对待这一制度性的改革。笔者不揣冒昧,遂作此文,提出文中问题,既向老师请教,也与同仁相商。
The system of restorative justice has been favored and advertised by the criminal law theorists because it conforms to the current concept of harmonious society. In particular, it brings a “fresh air” to the judicial practice under the weight of criminal cases. The author believes that the restorative justice system takes utilitarian philosophy as its value basis to meet the needs of judicial utilitarianism. It conflicts with the uncoordinated contradictions in the theory of criminal substantive law in our country. Therefore, this institutional reform must be treated with caution. I do not know what to do, but make this article, put forward the text of the problem, both to ask the teacher, but also with my colleagues.