Restorative Justice In China

This book provides insights into the history, development, and practice of restorative justice methods in China. Traditionally in China, mediation has played an important role in criminal proceedings, which has many characteristics in common with the "Western" concept of restorative justice. Through case studies and theoretical examination, the author of this timely work aims to bridge the research on restorative justice models mainly developed in the West with restorative justice as practiced in China. After a Brief overview and introduction, the author compares and contrasts case studies of restorative justice-like practices from different districts in China. The author examines cases studies from several regions within China, and explores the key question: can the restoration model developed in the West take root in China, and if so what legal, cultural and societal accommodations may need to be made? This work will be of interest to researchers in Criminology and Criminal Justice, particularly with an interest in alternative justice practices, restorative justice, and international comparative criminology; as well as researchers interested in Chinese affairs or Asian Studies. .--

This book provides insights into the history, development, and practice of restorative justice methods in China. Traditionally in China, mediation has played an important role in criminal proceedings, which has many characteristics in common with the “Western” concept of restorative justice. Through case studies and theoretical examination, the author of this timely work aims to bridge the research on restorative justice models mainly developed in the West with restorative justice as practiced in China. After a Brief overview and introduction, the author compares and contrasts case studies of restorative justice-like practices from different districts in China. The author examines cases studies from several regions within China, and explores the key question: can the restoration model developed in the West take root in China, and if so what legal, cultural and societal accommodations may need to be made? This work will be of interest to researchers in Criminology and Criminal Justice, particularly with an interest in alternative justice practices, restorative justice, and international comparative criminology; as well as researchers interested in Chinese affairs or Asian Studies.

Criminal reconciliation, a special procedure stipulated in PRC’s 2013 Criminal Procedure Law, allows the alleged perpetrators and victims of certain crimes to resolve criminal cases through reconciliation or mediation. Based on empirical studies on pilot practices of this mechanism in three cities in China, this book argues that criminal reconciliation enables abuses of power and infringement of the parties’ access to justice. This programme further throws light on certain fundamental problems with the wider criminal justice system.

This book systematically introduces the practice of restorative justice in India, as a resource for comparative criminal justice research. “Restorative justice” focuses on the rehabilitation of offenders through reconciliation with victims, and with the community at large. It has gained momentum as a justice reform movement in Western countries within the past three decades, and it is estimated that up to one hundred countries worldwide utilize restorative justice practices. Within Western countries, it is seen largely a response or alternative to the perceived deficiencies of the existing criminal justice system. India has a rich tradition of restorative justice, and this work introduces both the traditional basis and contemporary practices of this justice system in India, in a comprehensive and systematic way. The contributions to this work cover three main areas: I. The Tradition of Restorative Justice in India II. The Development of Restorative Justice in India III. Restorative Justice Practices in India The third part – “Practices” covers special topics: including Restorative Justice and the Court, Restorative Justice and Incarceration, Restorative Justice and Juveniles, and Restorative Justice and Woman. The book covers the full range of the issues of restorative justice in India and will be a highly valuable resource book for researchers and upper level graduate students interested in alternative justice models in general, comparative criminology, and criminal justice in India specifically. “A landmark volume in the history of restorative justice and criminology in India. Many outstanding scholars in this collection outline the Indian experience of restorative justice from which the world has much to learn.” John Braithwaite Australian National University

This edited collection introduces and defines the concept of “comparative restorative justice”, putting it in the context of power relations and inequality. It aims to compare the implementation and theoretical development of restorative justice internationally for research, policy and practice. In Part I, this volume compares practices in relation to the implementing environment - be that cultural, political, or societal. Part II looks at obstacles and enablers in relation to the criminal justice system, and considers whether inquisitorial versus adversarial jurisdictions have impact on how restorative justice is regulated and implemented. Finally, Part III compares the reasons that drive governments, regional bodies, and practitioners to implement restorative justice, and whether these impetuses impact on ultimate delivery. Featuring fifteen original chapters from diverse authors and practitioners, this will serve as a key resource for those working in social justice or those seeking to understand and implement the tenets of restorative justice comparatively.

This book examines the conciliatory institutions that operate within criminal law in the People's Republic of China and Taiwan. Despite having the same legal traditions, the two countries have taken very different political and social roads over the past century. Taking these important factors into account, the book compares the conciliatory mechanisms that have emerged in the two countries, particularly focusing on the influence of Confucian tradition in current criminal reconciliation practices. By drawing upon in-depth interviews with multiple experts in the area, the role of tradition in the discipline of modern Xingshi Hejie is explored, alongside an analysis of the reasons that lead victims and offenders to choose this conciliatory procedure. The book offers a fascinating account of this feature of criminal justice in China and Taiwan, and will be of particular interest to scholars interested in comparative approaches to criminology and criminal justice.

This book provides an empirically grounded, theoretically informed account of recent changes to the youth justice system in England and Wales, focusing on the introduction of elements of restorative justice into the heart of the criminal justice system, and the implementation of referral orders and youth offender panels. Taken together, this amounts to the most radical overhaul of the youth justice system in the last half century, fundamentally changing the underlying values of the system away from an 'exclusionary punitive justice' and towards an 'inclusionary restorative justice'. The book explores the implications of these changes by using the lens of a detailed study of the implementation of referral orders and youth offender panels to explore wider issues about youth justice policy and the integration of restorative justice principles. It draws upon the findings of an in-depth study of the pilots established prior to the national rollout of referral orders in April 2002. The book will be essential reading not only for those involved in the task of implementing the new youth justice, but others with an interest in the criminal justice system and in restorative justice who need to know about the far reaching reforms to the youth justice system and their impact.

Restoring Justice: An Introduction to Restorative Justice offers a clear and convincing explanation of restorative justice, a movement within criminal justice with growing worldwide influence. It explores the broad appeal of this new vision and offers a brief history of its development. The book presents a theoretical foundation for the principles and values of restorative justice and develops its four cornerpost ideas of encounter, amends, inclusion and reintegration. After exploring how restorative justice ideas and values may be integrated into policy and practice, it presents a series of key issues commonly raised about restorative justice, summarizing various perspectives on each.