Construction Of Reconciliation System For Juvenile Criminal Cases

With the rapid development of society and economy,the interaction and interaction between people has become more frequent,interpersonal disputes and social conflicts have become more and more,and the criminal cases of minors are gradually increasing.In response to the growing problem of juvenile delinquency,all countries in the world have actively explored and practiced.The criminal reconciliation system for minors has been widely used due to its unique advantages and functions.The "Criminal Procedure Law of the People's Republic of China"(hereinafter referred to as the "Criminal Procedure Law")amended in 2012 in China has made specific provisions concerning minors related to minors in criminal proceedings and added special procedures for the settlement of public prosecution cases between the parties.Etc.The introduction of these regulations has reflected the significant progress in the administration of justice in China.But at the same time we must also recognize the problems that exist.This article starts with the concept of criminal reconciliation and combines the system overview of countries outside the country.It analyzes the problems existing in the application of the current criminal reconciliation system by minors in China and expects to separate the system of criminal reconciliation for minors from the system of criminal reconciliation for adults.A criminal reconciliation system that meets the characteristics of minors.In addition to the introduction and conclusion,this article is divided into five parts.The first part is the summary of the criminal reconciliation system for minors.First,the concept of criminal reconciliation was analyzed and the common elements in many definitions were drawn.The characteristics of the criminal reconciliation system were summed up,and then the status quo of minor criminal cases was introduced.From five aspects,the minor was criminalized.The characteristics of the case were analyzed.On these foundations,the significance of building a criminal reconciliation system for minors under the existing litigation framework in China is further elaborated.The second part focuses on analyzing the theoretical basis for the establishment of a minor criminal reconciliation system.Beginning with the trend of human rights protection for victims,people began to attach importance to protecting the rights and interests of victims.The concept of restorative justice provides an important theoretical support for the criminal reconciliation system.The criminal reconciliation system is based on the theory of restorative justice.The concept of building a socialist harmonious society proposed by China in recent years has provided further guarantees for the development of the criminal reconciliation system.The system of criminal reconciliation for minors conforms to the criminal justice policy of gentleness and strictness and the international trend of mitigation of penalties,which is in line with our traditional cultural philosophy.The third part introduces the establishment and operation of minors ' criminal reconciliation systems in the countries outside the United Kingdom and the United States and the civil law countries.After analyzing the basic situation of Germany,France,Italy and New Zealand,the United Kingdom and Australia,The common points of these countries have been summarized and we hope to gain some inspiration and experience from them.The fourth part analyzes in detail the problems existing in the current application of the current criminal reconciliation system by juveniles at the present stage,and points out the current value conflicts between the juvenile protection and the criminal conciliation system.As for the operation of specific systems,the existing scope,application conditions,applicable subjects,and program design of existing criminal reconciliations in China have certain problems,which hinders the application of minor criminal reconciliation systems in practice and is not conducive to the realization of Reconstruct minors.The fifth part is the concrete idea of building a criminal reconciliation system for minors.On the basis of the foregoing explanation,the necessity of separately constructing the minor criminal reconciliation system was emphasized.Then,according to the problems existing in the litigation procedures of the public prosecution cases settled by the parties at the present stage,the system design was targeted and the scientific establishment was advocated.Reasonable application conditions,expand the legal effectiveness of criminal reconciliation,adjust the stage of application of the criminal reconciliation system for minors,strengthen the professionalization of mediators,further regulate the process of reconciliation,emphasize the necessity of reconciliation of supervision,and enable the system of criminal reconciliation for minors.More operability.Finally,it advocates the improvement of the reconciliation supporting system construction,strengthens the connection with the community correction system,and establishes a scientific and reasonable evaluation mechanism.