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恢复性正义是处理伤害、犯罪的新思路,不论在实证还是理论层面都有不少优点。西方恢复性正义的提出与其基督教传统有复杂的关联,值得深入研究。在进一步探究恢复性正义与基督教的复杂关系之后,我们将阐明它对建构和谐社会的启发意义,主要是要肯定整合的、同情的人类精神,关注每个人的需要,实现司法正义的侧重点从报复、惩罚到恢复、治疗的转变,以恢复共同体和解、和平的生活作为主要价值导向;同时,又结合传统司法正义的积极因素。
Restorative justice is a new way of dealing with injury and crime. There are many advantages both in empirical and theoretical aspects. The proposal of Western restorative justice has a complicated relationship with its Christian tradition and deserves further study. After further exploring the complicated relationship between restorative justice and Christianity, we will clarify its enlightenment significance to the construction of a harmonious society, mainly to affirm the human spirit of integration and sympathy, to pay attention to the needs of each individual, and to focus the judicial justice Retaliation, punishment to recovery, the transformation of treatment, to restore community reconciliation, peaceful life as the main value-oriented; the same time, the positive factors of traditional justice and justice.