恢复性司法作为一种在当今社会逐渐受到重视的司法新模式,在世界许多国家尤其在西方国家产生着日益重要的影响,这种司法方式甚至在一些发达国家取得了正式司法模式的地位,这种情况的出现是由西方的人本主义思想传统所直接决定的,西方人本主义思想以自然法思想、功利主义和自力观为价值基础,而在我国的文化背景和制度框架下引入恢复性司法则缺乏这些人文理念的支持,应当充分认识到这种客观差异,不盲目模仿西方发达国家的作法。 Restorative justice, as a new model of judiciary that has been gradually emphasized in our society, has an increasingly important influence in many countries in the world, especially in western countries. This kind of judicial approach has even taken the formal judicial model in some developed countries, The appearance of the situation is directly determined by the Western tradition of humanism. The western humanism has the value based on the thoughts of natural law, utilitarianism and self-reliance, while the introduction of restorativeness within the framework of our country’s cultural background and system The lack of judicial support for these humanistic concepts should fully recognize this objective difference and not blindly imitate the practices of the developed western countries.