Restorative justice originated in social reform movements in Western countries and has, as both an idea and a practice, profoundly influenced criminology and criminal policy over the past four decades. The concept has been introduced in China in the early 2000. However, scholars have recognized that the principles and similar practice has been in existence in China from ancient times to modern times, with a cultural setting more favorable to restoring relations among parties involved in civil disputes as well as criminal conflicts. Comparative studies have revealed many differences between the West and China, a primary argument is that many restorative justice cases in China have not been resolved entirely based on voluntary principles, which Western restorative justice practice stresses it as fundamentally central to restorative process.
The present research addresses the issue by introducing the relevant Chinese law to examine the issue first, reviewing how Chinese Law formally stipulate the solution to the issue. Secondly, the present project addresses the issue by proposing empirically possible research design to see how the law in action is can be investigated to test the hypotheses that Chinese Law plays in actual restorative justice process in practice. These explorations will help to form a promising theoretical framework of restorative justice that draws insights from Chinese context to move forward to theocratizing of restorative justice that explains the process in both West and China.