The Research In Juvenile Criminal Reconciliation System

Based on minor physical and mental, physical and other characteristics, juvenile criminal justice established special protection of minors and differential treatment of the two concepts. Criminal settlement system began in the 70s in the 20th century, in the West, is currently in the Canada, Britain, Germany, New Zealand,dozens of countries have different levels of development and application. I n 2002, United Nations Commission on Crime Prevention and Criminal Justice adopted at the Vienna Conference "in criminal matters on the use of restorative justice programs of basic principles" of the draft resolution, restorative justice in criminal reconciliation as a primary way to get the international community generally recognized, and has become a trend in today's world. Currently, a juvenile criminal case in the application of this system is a common practice in all countries. Therefore, its systems, procedures on the research has very important practical significance and theoretical value.This paper tries to combine the relevant provisions of international law, foreign experience and domestic judicial practices, contact the rule of law and building a harmonious society in the background, reasonable improvement of the system.This article is made of the introduction, body, conclusion, in which the body is divided into four parts.The first part is a minor crime, criminal reconciliation principle. This part mainly discusses the criminal settlement system is the concept, and on this basis, combining the characteristics of minors, the case features of juvenile cases in criminal settlement, the concept and theoretical basis and the establishment of minors in our Criminal The feasibility of reconciliation. The second part is the reconciliation of foreign juvenile delinquency system of criminal investigation. Mainly from the following two studies:First, on this system, what international law rules, guidelines, or make provisions relating to how is required. Then select a few to implement juvenile delinquency criminal reconciliation countries analyze their legislation and practice in how to operate. Because the system is first produced in foreign countries.After three decades of development, they have more mature lessons to learn.The third part is analysis of China's crimes by minors victim-offender-reconciliation system practical situation and the existing problems.The fourth part is to put forward some constructive ideas for existing problems of the minor crime victim-offender-reconciliation system of China. According to concrete plan that case study on minor character adopt to construct this system, we will discuss separately from the substantive and procedural aspects:the substantive aspects include victim-offender-reconciliation's applicable conditions; the victim-offender reconciliation's start-up subject; guardian's responsibility; the result of criminal reconciliation, legal effect of the criminal reconciliation. The procedural aspects include applicable program of the victim-offender reconciliation; the victim-offender reconciliation's applicable stage; the victim-offender reconciliation's supervision.