Study On The Criminal Reconciliation System For Juveniles

The juvenile criminal reconciliation system plays an very important role on solving juvenile criminal cases.Especially in the current situation that juvenile delinquency keeps increasing while judicial resources are limited,the criminal reconciliation system has not only reduced the judicial pressure but also played a protective role against juvenile delinquents.China's "Criminal Procedure Law" does not make special provisions on juvenile criminal settlements,and specific legal provisions will act according to the provisions of general criminal reconciliation.The provisions of the legislation does not help solve the related problems of juvenile criminal reconciliation.Before the Amendment of the Procedural Law in 2012,many regions had already carried out the normative documents and practices of juvenile criminal reconciliation.In addition,because that the range,conditions,and procedures conducted by the law to the criminal reconciliation system does not conform to the physical and mental characteristics of juvenile,so the judiciary is extremely troubled when it comes to the use of criminal reconciliation to solve juveniles' problems.This article takes the juvenile criminal reconciliation as the object of study,summarizes the meaning of the juvenile criminal reconciliation system,and summarizes what is special about juvenile criminal reconciliation compared to the adult criminal reconciliation system.Next,this article defines the specific value that the juvenile criminal reconciliation system can play.The specific system construction needs to draw on excellent theories and practices both in home and abroad.Therefore,the article explores the good legislations and practices of the criminal reconciliation system for juveniles in Germany,New Zealand,and Hong Kong.Added with the characteristics of juvenile criminal reconciliation systems in the other western countries,the article has provided some inspirations and reflections for the establishment of the juvenile criminal reconciliation system in China.To resolve the serious predicaments faced by the criminal reconciliation system for juveniles such as serious legislative deficiencies,narrowed conditions for cases' application,neglecting the settlement process of the reconciliation agreement,the public's cognition of regarding the criminal reconciliation as “spending money” process,and imperfect supervision mechanisms and Insufficient teaching activities.Therefore,to get rid of the limitation set up by the legislation on general criminal reconciliation,for model selection,it should shift to a specialized model from a mixed model,to an enlightened model from a compensation model.In terms of specific operations,we should improve the legislation for the establishment of juvenile criminal reconciliation,establish a special criminal reconciliation system,and on the basis of legislation,expand the scope of application of the case,refine the applicable conditions,improve the dialogue of reconciliation,and pay attention to the settlement agreement.The process of accomplishment should dilute the cognition of both the parties and the public on monetary compensation,then determine the extent of economic compensation.Finally,through the establishment and supporting measures of the criminal reconciliation system of juvenile delinquency cases,the operation of the criminal reconciliation system will be guaranteed.