The Minor Crime On Criminal Reconciliation Problem

The introduction in 2012 of the new "Code of Criminal Procedure" (hereinafter referred to as "the new Criminal Procedure Law") to juvenile criminal proceedings in case a separate chapter, the appropriate judicial interpretation so that the new Criminal Procedure related criminal cases related to minors get detailed provisions on the prevention of juvenile delinquency has played a positive role and achieved remarkable results, from 2008 to 2014, the proportion of all juvenile offenders to commit decreased from 8.66% to 4.26%. Criminal Procedure Criminal reconciliation program is a new addition to a special procedure, the purpose is to better resolve conflicts and disputes between the parties, to maximize the recovery of social relations were damaged, but the new Criminal Procedure Law of the criminal settlement program does not distinguish between adults and minors, ignoring the particularity of minors, resulting in a lot of conflict in the legislation itself and the legislative practice appear. In this paper, the protection of minors reason standpoint analyzes the criminal juvenile delinquency problems and reconciliation problems, it is recommended to minors criminal reconciliation program singled out from general public prosecution in criminal cases reconciliation program, and minors placed under criminal proceedings, in order to play an active role in the criminal settlement.In addition to the preface and epilogue article is divided into three parts:The first part, the plight of juvenile delinquency criminal reconciliation. Analysis of the plight of juvenile delinquency cases criminal reconciliation, through the analysis of the implementation of the new Criminal Procedure Law and practice in the context of the legislative status of juvenile delinquency cases criminal reconciliation that juvenile delinquency cases in the criminal settlement reconciliation range all aspects of the main problems, effectiveness and so on;The second part, the reasons for juvenile delinquency cases criminal problem of reconciliation analysis. The presence of juvenile offenders to criminal reconciliation problem cause analysis, adult criminal cases never particularity of view, that the main reason is that the proceedings in criminal cases of minors and public prosecution cases reconciliation program set up different starting point;The third part of the establishment of juvenile criminal reconciliation program. By analyzing the necessity and feasibility of juvenile delinquency cases criminal reconciliation, reconciliation of our juvenile criminal procedure designed to make specific that the basic model of juvenile criminal reconciliation should be "hybrid/compensation" to "specialized/ enlightenment "mode.