Criminal Reconciliation System In Minors Judicial Application In Criminal Cases

When amending the Criminal Procedure Law,China has added two chapters: criminal reconciliation of public prosecution cases and criminal procedure of juveniles.However,the two chapters do not effectively link up on the issue of juvenile delinquency,resulting in a certain conflict between the application of criminal reconciliation for juveniles in judicial practice and the legislative provisions.Taking 356 cases of juvenile criminal reconciliation as samples and disputes caused by hot cases in practice,this paper clarifies the current situation of juvenile criminal reconciliation and finds that there are a series of problems,such as lack of legislative guarantee,narrow scope of reconciliation,excessive restrictions on reconciliation conditions,vacancy of reconciliation process,single way of assuming responsibility and lack of effective connection with conditional non-prosecution system problem.On the basis of absorbing and drawing lessons from the judicial practice of foreign juvenile criminal reconciliation system,the author proposes that China's criminal reconciliation should be different from adult criminal reconciliation in the field of juvenile delinquency,mainly in the following aspects: first,at the legislative level,the legal basis should be clearly defined,and the juvenile criminal reconciliation system should be stipulated separately;second,for the operational level.On the one hand,it is necessary to strengthen the participation of the parties,complete the psychological comfort of the victims and educate the victims in the reconciliation,and increase the way of bearing responsibility to prevent the alienation of the reconciliation results,at the same time,it is necessary to effectively link up with the conditional non-prosecution system to prevent the conditional non-prosecution system from being overridden;thirdly,at the main level,it isnecessary to diversify the participants in the minors' criminal reconciliation,so as to make guard Community representatives and lawyers can participate in the reconciliation,and to build a professional mediation team to better achieve the purpose of reconciliation;Fourthly,in the application stage,reconciliation should run through the criminal proceedings,give more tolerance to juvenile offenders and try to use non-penalty methods to solve juvenile delinquency.But not all cases of juvenile delinquency can be applied to criminal reconciliation.For those crimes with serious harm,the application of reconciliation should be excluded,so as to prevent juveniles from forming a fluke mentality,on the contrary,it will increase their recidivism rate,which is not conducive to the re-socialization of juvenile delinquents.Specifically,the full text is divided into five parts:The first part produces the judicial application of juvenile criminal reconciliation.This paper draws out the problems to be studied from three simple cases,and briefly describes the current situation of juvenile criminal reconciliation in judicial practice by analyzing and summarizing the cases and sorting out the charts.In general,it has a grasp of the judicial application of juvenile criminal reconciliation in practice.The second part is an overview of the juvenile criminal reconciliation system.From the concept,origin,characteristics and significance of the juvenile criminal reconciliation system to make a theoretical grasp of the juvenile criminal reconciliation system to understand the general situation of the development of the juvenile criminal reconciliation system and the importance of the reconciliation system to juvenile justice.The third part is about the problems of juvenile criminal reconciliation system.Mainly summarizes the problems existing in judicial practice and lack of theoretical research systematically.This paper lists in detail the problems existing in the current juvenile criminal reconciliation system in China,such as the lack of separate legislation,the single way of assuming responsibility,the lack of effective connection with the conditional non-prosecution system and the single way of assuming responsibility.The fourth part introduces the legislation and practice of juvenile criminal reconciliation system abroad.Germany,the representative of continental law system,Canada,the country of origin of criminal reconciliation and Australia and New Zealand,which have done better in reconciliation system,are introduced respectively in order to provide reference for the development of juvenile criminal reconciliation system in China,and improve the criminal reconciliation system on the basis of the predecessors so that it can be better applied to juvenile justice.The fifth part is to standardize the application of juvenile criminal reconciliation system in China.This part mainly responds to the above questions.After drawing lessons from the mature judicial practice abroad,this paper puts forward specific measures suitable for our country's juvenile criminal reconciliation system.It mainly includes clarifying the legal basis,increasing the parties' participation in the procedure,increasing the way of responsibility-bearing,diversifying the subject of reconciliation,professionalizing the mediators,and making the criminal reconciliation run through the criminal proceedings,but also imposing necessary restrictions on reconciliation,strictly forbidding the application of reconciliation for serious crimes,in order to solve juvenile delinquency and help juvenile offenders better finish.To become re-socialized,let the concept of restorative justice run through the juvenile justice,reduce the rate of juvenile delinquency,so that every juvenile can thrive.