Research On Criminal Reconciliation Of Juvenile Delinquency Cases

In recent years,In recent years,with the rapid development of China's economy,social disputes and social contradictions are also increasing day by day,especially the juvenile crime rate is increasing year by year.Juvenile delinquency is often the result of many factors.For juvenile delinquency,we should adhere to the guideline of "education first,punishment second",actively use the reconciliation system for eligible juvenile delinquents,and strive to balance the relationship among the offender,the victim and the social order.In the Criminal Procedure Law of the People's Republic of China(hereinafter referred to as the Criminal Procedure Law),which was amended in 2018,the provisions on juvenile reconciliation are still in place,and the relevant judicial interpretations also stipulate the application of the criminal reconciliation system for juvenile offenders.Although our country accepted the part on the legislation before pilot to summarize experience,but in the judicial practice of the system is still not clear,the main reason may be due to a minor criminal offence in the application of the public prosecution reconciliation procedure did not distinguish with adults,leading to the disconnection between the judicial practice and theory,thus to build within the framework of the existing legislation perfect minor crime cases of criminal reconciliation system is particularly important.This article never adult crime concept and theoretical basis of criminal reconciliation system,in combination with judicial practice analysis of the problem of minors applicable criminal reconciliation system in our country,and to the countries outside of the system development experience is summarized and expectation on the basis of based on the actual situation in our country,to build its own characteristics of criminal reconciliation system conforms to the minors.In addition to the introduction and conclusion,this paper is divided into four parts:The first part is the overview of juvenile delinquency reconciliation system.This paper discusses the concept and characteristics of juvenile delinquency reconciliation,and analyzes the significance of constructing juvenile delinquency reconciliation system on the basis of clarifying the basic concept.The second part analyzes the existing problems and current situation of criminal reconciliation for juvenile delinquents.On the basis of summarizing relevant data and cases,this paper summarizes the problems existing in the process of applying criminal reconciliation to juvenile delinquents in China.The objective contradictions are not conducive to the criminal reconciliation system playing its due role,but also hinder the educational reform of juvenile delinquents.The third part introduces the countries with relatively mature criminal reconciliation system for juvenile delinquents applied outside China.By introducing the mature criminal reconciliation system for juvenile delinquents in western countries,it summarizes and reflects on the operating procedures of the system,so as to provide reasonable experience outside China for the improvement of the system.The fourth part discusses how to construct the criminal reconciliation system in accordance with the characteristics of minors.To reflect on the problems existing in the current,on the basis of the legislation on the need to further make a clear distinction between the minors and adults for reconciliation system,establish the concept of relatively independent of minor crimes criminal reconciliation,late in the process of reconciliation and rectification system of supervision and promote each other between fusion,so as to establish conforms to China's judicial practice and conform to the trend of The Times of minor crimes criminal reconciliation system.