Research On The Criminal Reconciliation System Of Juveniles

Focusing on the biggest purpose of teaching, persuading and saving the minors who commit a crime, criminal procedure law revised set up "procedure of criminal case of minors"(the first chapter of the fifth series). However, this chapter does not specifically provided for criminal reconciliation of the minor crime. According to the276th "For minor criminal cases, unless otherwise stipulated in this chapter have, in accordance with the other provisions of this law", criminal reconciliation of the minor crime should apply to the "The parties reconciliation in cases of public prosecution procedure"(the first chapter of the fifth series).Minors are the hope and future of the country. Teaching and saving the minors who commit a crime is the value orientation of "minor criminal procedure". The basic purpose of "mediation in cases of public prosecution procedure" is to resolve contradictions and disputes between the parties. The process is not considering the particularity of minor crime.If the minor crime applies to this program, combined with the theory and the practice, we believe the existence of the following questions. Firstly, the whole process of criminal reconciliation of the minor crime is full of distinctive features of the nation, and criminal reconciled system is built on the ground of the parties’ position, causing internal and contradictory relationship between of them. Secondly, the obvious difference of the scope between criminal reconciled system and practices of criminal reconciliation of the minor crime,resulting in the application of the law difficult position. Thirdly, conditional non prosecution and criminal reconciliation of the minor crime may get the same legal consequences, causing coincidence. Fourthly, the phenomenon of alienation in the practice of criminal reconciliation should not be overlooked, otherwise raising suspicions. According to the conditions, an antidote against the disease. We believe that, firstly, the criminal reconciliation should distinguish between adults and minors. The law shall be used exclusively for minors in the criminal reconciliation system. Secondly, the scope of application of the criminal reconciliation is too narrow. The scope of the case shall be moderate. Thirdly, for overlap of the conditional non prosecution and criminal reconciliation of the minor crime, we should straighten out the relationship between of them. Fourthly, to solve this problem of the phenomenon of alienation in the practice, we must emphasize the judicial organs and minor’s participation, making the standard of compensation standardize and legal. Only in this way, criminal reconciliation of the minor crime can better protect the minors, helping them return to society.