@article{ART003344914},
author={MoonKwi KIM},
title={Trends and Prospects of Restorative Justice in China},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2026},
volume={14},
number={2},
pages={387-418}
TY - JOUR
AU - MoonKwi KIM
TI - Trends and Prospects of Restorative Justice in China
JO - Legal Theory & Practice Review
PY - 2026
VL - 14
IS - 2
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 387
EP - 418
SN - 2288-1840
AB - Restorative justice is a criminal justice paradigm that developed in the West in the late 20th century. It redefines crime not as a violation against the state, but as damage to human relationships and the community, and seeks the restoration of relationships through the active participation of victims, perpetrators, and the community.
Despite China operating the world's largest and most diverse restorative justice programs, this area has not been systematically addressed in comparative criminal justice research.
This paper systematically analyzes the theoretical and historical foundations of restorative justice in China, its major practice programs (people’s mediation, criminal reconciliation, juvenile justice, environmental offenses, and community correction), its legislative development, and critical issues. Furthermore, through a comparison with Western models, it identifies the unique characteristics and limitations of the Chinese style of restorative justice and explores directions for its future development.
The analysis reveals that China's restorative justice is a product of 'top-down' reforms combining traditional Confucian legal culture with the political will of the Party and the State, characterized by prioritizing social stability and harmony, while exposing structural vulnerabilities in core elements of restorative justice such as voluntariness, empowerment of parties, and civil society participation.
This study discusses the theoretical implications of the Chinese case for understanding the tension between the universality and cultural specificity of restorative justice.
KW - China;Restorative justice;People’s mediation;Victim-offender Reconciliation;Chinese traditional culture
DO -
UR -
ER -
MoonKwi KIM. (2026). Trends and Prospects of Restorative Justice in China. Legal Theory & Practice Review, 14(2), 387-418.
MoonKwi KIM. 2026, "Trends and Prospects of Restorative Justice in China", Legal Theory & Practice Review, vol.14, no.2 pp.387-418.
MoonKwi KIM "Trends and Prospects of Restorative Justice in China" Legal Theory & Practice Review 14.2 pp.387-418 (2026) : 387.
MoonKwi KIM. Trends and Prospects of Restorative Justice in China. 2026; 14(2), 387-418.
MoonKwi KIM. "Trends and Prospects of Restorative Justice in China" Legal Theory & Practice Review 14, no.2 (2026) : 387-418.
MoonKwi KIM. Trends and Prospects of Restorative Justice in China. Legal Theory & Practice Review, 14(2), 387-418.
MoonKwi KIM. Trends and Prospects of Restorative Justice in China. Legal Theory & Practice Review. 2026; 14(2) 387-418.
MoonKwi KIM. Trends and Prospects of Restorative Justice in China. 2026; 14(2), 387-418.
MoonKwi KIM. "Trends and Prospects of Restorative Justice in China" Legal Theory & Practice Review 14, no.2 (2026) : 387-418.
