摘要
现代社会是民主法治国的社会,传统刑罚观以国家—犯罪人为中心,已经不能契合这种民主法治国的实践,而恢复性司法则采取了非中心化的商议,更能契合民主法治国的实践,从而达致3个“R”:认同(Recognition),弥补(Recompense),抚慰(Reassurance),实现了刑罚的进化。
The modem society is a society of law and democracy. The traditional notion of punishment centers on the relations between the country and the offenders, which can not keep pace with the practice of law and democracy, while restorative justice takes the non-central discourse as its main idea, which corresponds with the practice of law and democracy. Therefore restorative justice can achieve the goal of recognition, recompense, reassurance and thus lead to the evolution of punishment.
关键词
民主法治国
传统刑罚观
恢复性司法
society of law and democracy
traditional notion of punishment
restorative justice
