Research On The Criminal Reconciliation System Of Juvenile Delinquency

In China,minor crime has always been a serious social problem-minors are the absolute peak body of crime,while the absolute rate also shows us a clear upward trend.In the field of juvenile delinquency,the criminal reconciliation system under the guidance of restorative justice has a high degree of consistency with juvenile justice in the return of juvenile offenders.The CRIMINAL PROCEDURE LAW OF THE PEOPLE'S REPUBLIC OF CHINA revised in 2012 has newly added two new chapters:Criminal Reconciliation and Juvenile Criminal Procedure,but the provisions have not been effectively connected;instead,lawmakers picked the mixed mode and led the minors and adults apply the same procedure of criminal reconciliation.The design is integrated,ignoring the special nature of minors,leading to conflicts and contradictions between legislation and practice.Under the basic standpoints of protection of minors,this paper analyzes the problems existing in the criminal reconciliation system of juvenile delinquency,puts forward the idea of criminalizing the criminal reconciliation system of juvenile delinquency,and designs the related details by drawing lessons from foreign successful experiences in order to obtain better practical effects.This paper is divided into four parts in addition to the introduction and conclusion:The first part is an overview of the criminal reconciliation system of juvenile delinquency.This chapter analyzes the meaning and characteristics of the criminal reconciliation system of juvenile delinquency by introducing the relevant basic theory,so as to analyze the consistent value orientation,and to find the complementary relationship between juvenile justice and criminal reconciliation.The second part contains the status.quo and problems of criminal reconciliation of juvenile delinquency in China.Analyze the historical development and empirical situation of criminal reconciliation of juvenile delinquency internal,find out the dilemma and problems of criminal reconciliation of juvenile delinquency,and think that there are problems in legislation,process and reconciliation effect,and provide ideas and point out directions for the construction of the system.The third part is the introduction and impact assessment of the basic models of criminal reconciliation of juvenile delinquency abroad.Through the comparative analysis,summarize the juvenile criminal reconciliation(juvenile justice)models adopted by the representative regions of Australia,Europe and Asia,and summarize the corresponding effect evaluation obtained by using different models in different places,then put forward the enlightenment and reference for China.The fourth part is the construction of juvenile crime criminal reconciliation system.In order to solve the procedural design of criminal reconciliation of juvenile delinquency in our country,it is suggested that the "specialization-enlightenment" model should be pursued and based on the facts,the existing system should be connected,and the juvenile justice should be put forward with the reconciliation as the core Integrated outlook.