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恢复性司法自提出以来已经逐渐成为刑事领域的显学,影响着刑事司法模式和未来发展方向。现代意义上的恢复性司法自其产生至今不足40年,但是却已经在世界范围内得到了各国的尝试。这一迅速发展不仅得益于其自身深厚的文化渊源,而且在追溯历史的发展后也可以发现其存在及发展的正当性。在犯罪学剧增和传统刑罚弊端的暴露下,被害人学作为新的犯罪学科的确立以及内容的丰富都为恢复性司法提供了其存在的合理性。
Since its introduction, restorative justice has gradually become a significant school in the criminal field, affecting the criminal justice model and its future development. Restorative justice in the modern sense has been less than 40 years since its birth, but it has been tried all over the world. This rapid development benefits not only from its own profound cultural origins, but also its legitimacy of existence and development after its historical development. Under the circumstance of the dramatic increase of criminology and the malpractice of traditional punishment, the establishment of victimology as a new criminal discipline and the enrichment of content all provide rationality to restorative justice.