近一二十年来,西方国家兴起了一场新的刑事司法改革运动,这就是“恢复性司法”运动。与传统的司法过程相比,这种司法更多关注的是创造一种积极的关系,主张摒弃消极的仅仅为惩罚而惩罚的传统做法,进而建立一种更加积极、强调理解、宽恕的恢复性司法。两位老人不慎引起山林大火造成严重损失,一审法院以失火罪判决老人入狱服刑。二审法院终审判决两位老人缓刑,并责令其上山种树,挽回损失。 In the past decade or two, there has been a new criminal justice reform movement in western countries. This is the movement for “restorative justice.” Compared with the traditional judicial process, this kind of judiciary pays more attention to creating a positive relationship and advocating abandoning the passive traditional method of punishing and punishing only, so as to establish a more positive and stressed understanding and forgiveness of restorativeness judicial. Two old people inadvertently caused a serious loss of forest fires and the court of first instance sentenced the seniors to prison in a fire crime. The court of second instance ordered a verdict on the two old people and ordered them to plant trees up the mountain to recover the losses.