Abstract: The restorative judicature is a hot and new topic. In recent years, the restorative judicature has attracted great attentions with its legislation and practice in dozens of countries. As a product of the Civil Movements in the western world, restorative Justice destroys the traditional criminal procedure law. There are many conflicts and irreconcilable contradictions between restorative justice system and theories of entities in Chinese Criminal Law. We are in deficient local institutional resources of restorative justice, including the harmonious thought of the Confucians’ ethic and real relation between the power of a state and the rights of the public.