The Reflection And Improvement Of The Juvenile Criminal Reconciliation

In the field of juvenile crime, the concept of saving has been a consensus throughout the world. Under the guidance of the concept of restorative justice, juvenile criminal and juvenile justice have a high degree of consistency in the object of reintegration for minor criminal. Juvenile criminal reconciliation is within the scope prescribed by law, by an offender and the victim and their families(especially the parents or other guardians), judicial authority and community participation, an offender and the victim is a crime and voluntary negotiation, negotiation, criminal plead guilty, apologize, compensation, and community service forms and the victim settlement, so as to get a mitigated punishment or be exempted from punishment dispute solution. It is not only the profit of the victim and save the minor offender and its development of a harmonious society and juvenile justice as a whole has a very important role. In China’s judicial environment, juvenile criminal reconciliation as a new thing, beginning accompanied with a lot of controversy and block. The reflection and improvement of the present situation applies to become the inevitable requirement.Before juvenile criminal reconciliation has been formally established in "criminal procedural law", it has experienced more than ten years of development, has brought good practice effect. Recidivism rate is reduced, the victim compensation in time, a large number of minor criminal cases are determined, the judicial practice significantly reduce pressure. Especially in the field of juvenile crime, juvenile at the time of formation of the world outlook and values, they have very strong plasticity, restorative justice and the juvenile justice fit for the survival of juvenile criminal reconciliation special soil and great development space, this is unmatched by ordinary criminal reconciliation.Based on the pressure of the judicial practice, We give priority to compensate the victim’s status, and a weak social forces and unsound victim rescue mechanism, and a minor criminal reconciliation in our country did not receive special treatment. On the applicable everywhere according to the standard rules to human adult crime, the various applicable problem.Specifically, on the scope of application, with the standards of adult crime scope is not suitable for the minor criminal and discuss about limited expand the scope of minor criminal reconciliation. When the parties reach a settlement by themselves, a clear, effective and does not exist in the organizer, parents complete control, only pay attention to the compensation of minor criminal reconciliation. In the examination and prosecution stage, prosecutors supervise themselves, lack of the supervision of the third party. Social investigation report should settle the basis of reference, but because of the inconsistent on operating around the specific content and report on random and sweeping, it does not play a role it should be. In the process of concrete settlement, negotiate “face to face” meeting is completely abandoned, and the result is bad. In the application of the results, especially in adults and minors joint crime cases, sentencing on equilibrium is difficult to grasp. In the performance of the settlement agreement, the prosecutor can’t handle back program problem.In practice, Germany, France and China are similar. State is responsible for establishing a wide range of social mediation services organization, perfect the victim assistance system, clear the role of setting for our country to solve the above problem has a reference value. Specification of legislation as the basic requirement of perfect juvenile criminal reconciliation applies. Reset the scope of application, specify how to handle the program does not connect. At the same time, also need the supervision of the third person.Each country’s judicial philosophy and orientation are basically the same,that is “prevention is fundamental, gently is oriented, for the purpose of reintegration in the treatment of juvenile crime”. Juvenile criminal reconciliation system, as a specific operating mode of Restorative Justice and Juvenile justice, is very important for the development of the society and the juvenile judicial reform. We should encourage and support social forces. Before the social investigation, including settlement after the reconciliation process organization and corrective work. In addition, should also pay special attention to supporting mechanism, especially the establishment of the victim relief mechanism to solve the practical problems is the premise.