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Research No Legal Problems Of Juvenile Criminal Reconciliation

Posted on:2016-10-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y M BaiFull Text:PDF
GTID:2296330461954070Subject:Law
Abstract/Summary:PDF Full Text Request
The offender and the victim in the minors in juvenile criminal settlement system is a party. Minor criminal reconciliation system has a lot of place to be encouraged, so that the parties to maximize the protection of legal interests, to save judicial resources when the number of the greatest benefits of the system. We believe that minors than adults have different psychological and physiological characteristics, and as such the application of criminal reconciliation procedures should also be different, but at this stage of juvenile delinquency cases for criminal reconciliation legislative regime also imperfect, which is frequent controversy in the judicial practice crux. We draw at this stage of the Criminal Procedure Code is missing in this area by the typical case of two minors, criminal reconciliation analysis.The analysis discusses the felony of minors is not still possible criminal reconciliation system. New "Code of Criminal Procedure," clearly defines the scope of the criminal settlement adaptation program, but in practice they operate throughout the judiciary can not reach agreement, which resulted in a conflict of judicial practice and law. Such a conflict for justice, the impact is very large, on the one hand the conflict resulted in inconsistent application of the law; on the other hand, are largely affected the judicial authority. This paper briefly analyze the two cases and, thus clarifying the scope of juvenile criminal cases reconciliation.Analyzed for juvenile criminal cases in which the judicial phase when applicable criminal reconciliation. For specific judicial practice problems through case were focused interpretation of minors in criminal cases makes reconciliation embodied the problem more clearly. For the criminal settlement procedure does not apply in the investigation stage and the applicable exceptions are described, analyzed and compared by the prosecution phase set forth in the criminal case of minors reconciliation significance.The criminal settlement through negotiation parties of the parties reached a settlement agreement in the future, and how the juvenile offender to elaborate Community Correction. Through case studies find that the application of our current community corrections is not perfect, psychological and physiological characteristics of minors groups deserve attention. We should be concerned about how to re-post juvenile offenders return to society, pay attention to the important position of Community Corrections in the minors in criminal settlement system.
Keywords/Search Tags:juvenile, criminal reconciliation, community corrections
PDF Full Text Request
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