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恢复性司法是相对于传统的报应性司法的刑事司法模式,其注重个人价值、社会利益的平衡并使犯罪人重新回归社会,从而达到一种“无害的正义”。由恢复性司法理念倡导的社区矫正制度已经成为一项重要的司法制度,在全世界范围内迅速发展,成为目前很多国家应用最广泛的矫正方式。自2003年开展试点以来,我国社区矫正试点工作取得了显著成绩,在维护社会和谐稳定、提高教育改造质量、探索完善我国非监禁刑罚执行制度、降低刑罚执行成本等方面发挥了重要作用。
Restorative justice is a kind of “innocent justice” compared with the traditional criminal justice model of retributive justice. It focuses on the balance of individual values and social interests and returns criminals to society. The system of community correction advocated by the concept of restorative justice has become an important judicial system that has developed rapidly throughout the world and has become the most widely used correction method in many countries at present. Since the pilot was conducted in 2003, China has made remarkable achievements in pilot work of community correction. It has played an important role in maintaining social harmony and stability, improving the quality of education and reform, exploring and perfecting the enforcement system of non-custodial sentences in China, and reducing the penalty execution costs.