Reconciliation Of The Juvenile Criminal Legislation In

Minors have special identity, they are the future of the motherland, the our country criminal justice policy for minors to special preferential treatment. And the minor crime is a common social problems, in2012, China promulgated the <new criminal procedural law>specific provision in the criminal reconciliation system, the parties to deal with minor crime in the criminal reconciliation provides the support system, but the new criminal procedural law is not for adults and juvenile delinquents in the application of the criminal reconciliation system to distinguish, but take the principle of" one size fits all". In this paper, based on this to study the minor crime in our country to build criminal reconciliation, the necessity and feasibility of preliminary opinions were put forward.This article is divided into six parts, the first part is the introduction of the article, mainly includes the background and the significance and the status quo of the study. The second part is mainly to understand minor crime related concepts. Mainly includes the origin and definition of criminal reconciliation system, the definition of minors and the concept of minor crime, and it is concluded that the concept of the minor crime criminal reconciliation system. The third part is the present situation of the minor crime applicable criminal reconciliation. From four aspects elaborated our country minor crime in the criminal reconciliation. Mainly is the shortage of the legislation level, including our country didn’t produce a specific criminal reconciliation system suited to the characteristics of the juvenile offenders, the existing settlement system is the lack of system, the defects of poor maneuverability and uncertain unified compensation standard, and effective supervision measures. To get the fourth part of the article, the main narrative build special necessity and feasibility of the minor crime criminal reconciliation, in order to protect the offender and the victim, the social benefit as the breakthrough point to talk about the necessity of building. Never adult to make their own characteristics and has traditionally been the special protection of minors in China criminal justice concept and relevant legal system to clarify the feasibility of building. Detailed below part of main overseas and our country Hong Kong area to the minor crime criminal reconciliation on the law, the author analyzes its, which can be used for reference in order to help construct a minor crime criminal reconciliation in our country. The sixth part focuses on the minor crime system building including applicable stage, scope of case, reconciliation procedure and supervision mechanism of criminal reconciliation system are discussed in this paper.