Research On The Restorative Juvenile Judicature

Welfare orientation mode, grueling model can not effectively improve the administration of justice juvenile crime, restorative juvenile justice arise. It conforms to the trends of restorative justice. It promotes youth return to the community, to compensate the victims, to restore the harmonious relationship between communities and safeguard the rule of law unification.This article includes five parts, a total of more than 40000 characters.Part I: The restorative juvenile justice and its create conditions. This section briefly explains the meaning of this juvenile justice model. Right conditions for the emergence of juvenile justice model, I believe that there are two main aspects. one is the prerequisite conditions, including: first, the emergence of the "state ? Social" Double-based model criminal policy under the deepening of the civil society. Second, the transformation of the relief mechanisms in criminal field. Third, the movement of the non-penalty under the thought of modesty of penalties. The other hand: the real causes. The juvenile justice of welfare orientation and criminal model unable to cope with the new upsurge of juvenile crime in the latter half of the 20th century.Part II: Theory Evolution and basic content of restorative juvenile justice. Evolution of the theory, including: the emergence of restorative justice, Update of the Crime View,Evolution of the concept of penalty. The concept of restorative juvenile justice, In my view are: first, democratic participation. Secondly,the consultation mechanism. Third,the pursuit of the balance of interests. Fourth,the pursuit of the recovery of social relations.Part III: the functions and values of restorative juvenile justice. I believe the functions are: first, the reconstruction of the psychological health of victims. Second, promote juvenile offenders to return to the community. Third,the restoration of community harmony. The author believes that the values are: first, the protection of juveniles. Secondly,the protection of society.Part IV: the pros and cons of restorative juvenile justice. pros: First, the fit of juvenile features. Second, fit of the psychological structure characteristics of juvenile offenders. cons: First, Unsure of the sincere repentance of the juvenile offenders, Unsure of the genuine forgiveness of victims. Second,can not guarantee the equality of the criminal responsibility. Third, not promote the publicity justice of Litigation process. Fourth, impact the certainty and timeliness of punishment, reduce the general preventive effect.Part V: the introduction of restorative juvenile justice. I will divide it into six smaller parts to explore. First,the position. Second,the scope of application. Third, the program design. First, Search for cases. Second, investigate. Third,Preparations before the consultation. Fourth,negotiated settlement process of restorative juvenile justice. Fifth, return to the investigation. Sixth,Re-negotiated settlement. 7,sent to juvenile prosecution for examination and prosecution. 8,the juvenile court trial. 9,the implementation of the agreement, judgments. Fourth,the participation of agencies, personnel and their duties. Fifth,the supporting systems. There are a comprehensive survey system, the eradication of criminal record system, the participant confidentiality, limits the compensation system, the state compensation system on behalf of, strict monitoring system, juvenile law system. Sixth, Improve legislation.