“恢复性司法”强调维护与重建被犯罪所破坏的社会关系。其在减轻诉讼压力、节约司法资源、维护社会和谐上的巨大功用得到西方各国的广泛认可,“恢复性司法计划”已在西方各国普遍实施。与西方先进的“恢复性司法”相比,我国刑事调解制度目前存在调解适用范围狭窄、忽视被害人个性化需要、片面追求“报应正义”等缺陷,已不符合国际刑事司法改革的潮流。鉴于我国刑事调解制度存在的缺陷及“恢复性司法”与我国传统调解文化的相通之处,将“恢复性司法”与中国传统调解文化相结合,构建“中国特色”刑事调解制度既是必要的也是可行的。但由于我国目前“恢复性司法”适用的配套措施尚不健全,因此,一定时期内我国刑事调解制度应着重对“恢复性司法”理念层面的引入,与此同时逐步健全、完善相关制度,以期最终实现构建“中国特色”的刑事调解制度之目的。 “Restorative justice” emphasizes the maintenance and reconstruction of social relations destroyed by crime. Its tremendous utility in alleviating litigation pressure, saving judicial resources and maintaining social harmony has been widely recognized by all Western countries. The “Restorative Justice Program” has been universally implemented in all western countries. Compared with the advanced “restorative justice” in the West, the criminal mediation system in our country currently has the defects of narrow scope of application, ignoring the individual needs of the victim, and one-sided pursuit of “retribution of justice” and other shortcomings, which are not consistent with the reform of international criminal justice trend. In view of the flaws in the criminal mediation system in our country and the connection between “restorative justice” and the traditional mediation culture in our country, combining the “restorative justice” with the traditional Chinese culture of mediation and constructing the criminal law with “Chinese characteristics” The mediation system is both necessary and feasible. However, due to the imperfect supporting measures applicable to “restorative justice” in our country, the criminal mediation system in our country should focus on the introduction of the concept of “restorative justice” in a certain period of time, and at the same time, it gradually improves and perfects Related system, with a view to finally realizing the purpose of establishing a criminal mediation system with “Chinese characteristics”.