A Study On The Criminal Reconciliation System For Juvenile Delinquency

In the criminal cases applicable to minors criminal settlement system is a hot issue to discuss among the current judicial practice and theoretical circles.Based on a minor's physical,psychological,physiological characteristics such as juvenile criminal justice established special protection of minors and differential treatment for the two concepts.In the minors in criminal cases applies to criminal reconciliation system highlights this idea,this is a general sense of the system of criminal reconciliation biggest difference.Foreign criminal reconciliation system in the 20th century began in the West 70s,is currently in the United States,Britain,France, Germany,and other dozens of countries to varying degrees of development and application.In 2002 the United Nations Crime Prevention and Criminal Justice Committee at the Vienna Conference adopted the "in criminal matters on the use of restorative justice program of the basic principles of″the draft resolution,criminal reconciliation of restorative justice as a major way by the international community generally recognized and has become a trend in today's world.At present,in the juvenile criminal cases in the application of this system is a common practice in all countries.Therefore,their systems,procedures research has very important practical significance and theoretical value.This article seeks to combine the relevant international law,a typical practice of states and domestic judicial practices,contact the country according to law and building a harmonious society of the historical background,the system and build a reasonable argument.In addition to the full text of the preamble and the conclusion,the total of four parts.The first part is a minor criminal offense principle reconciliation system.This section is mainly from the concept of the system,the theoretical basis and the legitimacy of several aspects of the study.Conceptual issues,with several scholars to understand the concept of a comparative basis,from this exploration phase and start to define its essence,highlighting the essence of which is discretionary penalty sentencing case.Secondly,on the basis of the theory,the absence of a system for support of its theoretical foundation,and its presence there would be no foundation. First of all,based on the protection of minors,the idea to start the system on the concept will be its relationship with the general sense of the criminal system to distinguish between reconciliation.This article incorporates restorative justice theory, the restoration of justice theory in the emphasis on the protection of the interests of victims at the same time,taking into account the offender reversion community. Theory from the protection of the rights of victims of juvenile crime demonstrates the criminal settlement system the main concern of the victim in this regard.The pursuit of reconciliation in the criminal justice system is not without costs,it is two sides to compromise,based on the yield reached a "satisfactory",Therefore,whether the results from the entity or program design,the system can reflect the legitimacy of its existence.The second part is the extraterritorial application of Juvenile Criminal Investigation reconciliation system.Mainly from the following two areas:First,on this system,there are those conventions of international law,rules,guidelines related to,or to provide for,but also how the provisions.From this perspective into the study can be conducted for domestic exploration of this system to provide strong support for international law.Then select a few typical country is how to analyze their legislation and practice in the operation.First of all,because the system is generated in foreign countries,after two to three decades of development,they have a more mature experience that we could learn from.The third part is the establishment of China's juvenile delinquency system of criminal reconciliation analysis of the necessity and feasibility.To undertake this part of PartsⅠandⅡ,and further proof of China's Construction of the reality of the system and possible lines.In arguing the necessity,mainly from the following four aspects: (1) carrying out the criminal policies justice " dual protection "and" education,as a supplement to punish "principle;(2) the present conditions of juvenile delingquency and its trend;(3) the attitude of the society to juvenile delinquency;(4) make clear the subject status of juvenile rights,and build he legal beliefs of the whole socity on juveniles.Next,from t the specificity of the main crime,he traditional ideology and culture,as well as the establishment of China does not have juvenile criminal reconciliation refute third aspects in order to enact and forwarding to demonstrate the method and analysis.PartⅣof juvenile crime in China's criminal system components envisaged reconciliation.First of all,to establish the system of five basic principles,namely the principle of reconciliation in accordance with the law,the parties to engage in voluntary principle,the principle of fairness and justice,dual protection principles, guiding principles of moderation and justice.And then to study the system of specific ideas,which is the focus of this section is also the focus of the full text.Mainly from the following six aspects were discussed:the first is a criminal reconciliation applicable conditions,criminal settlement in the minors minor criminal cases applies to the field,academics and practice is the same,there is no objection,the author in this article to a criminal reconciliation extended to the whole of minors in criminal cases.The second is the launch of the main criminal reconciliation,theory and scholars have different views and perspectives,some view the idea in theory can be established,and is also very exciting,but in practice it is impossible to operate.The author believes that by the court(the specific case of judges by the contractor) to start the criminal settlement,in theory,several stations live legs,there are easy to operate; Moreover,the substantive departments in the same operation.The third is the application of criminal reconciliation stage.First of all,touch briefly on the investigation and review of the application of the prosecution stage,the focus is to examine the trial stage.Criminal reconciliation should be applied in all aspects,can not be limited to a certain stage,otherwise it can not maximize the function.Trial phase of the reconciliation should be placed after the trial,before sentencing,it is logical,but also conducive to the convergence with the court.Fourth,the judge in the criminal status of reconciliation.The author mainly through reconciliation and criminal leader,litigation mediation compared judges to start.The fifth is the legal effect of the criminal settlement.During the trial stage,not of a serious nature of the case,the court can be exempted from criminal punishment of minors accused;the nature of the need for more serious criminal penalties,and can make a lighter sentence or probation.The sixth is a criminal reconciliation supervision.From their application,process and follow-up phase of the design of supervision,and made a number of specific ideas.