Study On Juvenile Criminal Reconciliation System

With the continuous development of economy and culture,juveniles can get in touch with more and more temptations of various kinds in the society.However,as their physiology and psychology are not yet mature,there is no correct right and wrong view,juvenile crime cases occur repeatedly.In the current criminal procedure law of our country,the special chapter stipulates the system of criminal reconciliation,which provides a relatively mild way to solve the problem of juvenile delinquency and makes them return to the society.However,there are still many defects in the current criminal reconciliation system,which cannot achieve the design purpose of the system to some extent.Therefore,it is urgent to establish a special juvenile criminal reconciliation system.This paper is divided into five parts.The first part elaborated the paper selected topic background and research significance,the present not specifically for the criminal reconciliation system of minors,the future of minors is the future of society,for minor crime,we should not abandon,let it in the fall on the road more walk more far,society of crime minors to special protection.So the study of this system is very close to the reality.By analyzing the research status of the juvenile criminal reconciliation system at home and abroad,this paper presents the main viewpoints and similarities and differences of scholars from various countries on the system.The second part expounds the concept and characteristics of juvenile criminal reconciliation system,and highlights the characteristics of juvenile criminal reconciliation system by distinguishing it from the easily confused system.The third part mainly puts forward the legislative status quo of juvenile criminal settlement system at the present stage in China as well as the obstacles existing in the practice,such as to juvenile criminal reconciliation system is applicable scope too narrow,there is no specification process,follow-up mechanism is not perfect,on the applicable to the distinction between adults and minors,this does not reflect on the special protection of minors,does not conform to our country law to treat minor relative to the principle of rolling.In the fourth part,by comparing the relatively mature juvenile criminal reconciliation system in the two legal systems of Britain,the United States and the mainland,the author points out the similarities and differences between different countries on the juvenile criminal reconciliation system,and points out the problems existing in the juvenile criminal reconciliation system in China.The fifth part is to improve the Suggestions and countermeasures of China's juvenile criminal reconciliation system,in view of the problems raised in the third part,put forward operational opinions,such as appropriate to minors to expand the scope of the applicable reconciliation system,the formation of a complete community correction mechanism and so on.According to the criminal procedure law of China,"the policy of education,probation and rescue shall be adopted for the delinquent minors,and the principle of giving priority to education and giving priority to punishment shall be adhered to." The criminal reconciliation system carries out the purpose of "protecting the rights and interests of the victims while actively repairing the relationship of the damaged society".For juvenile delinquents,our laws should not only give them special care and opportunities to reform,but also have the responsibility to establish a correct outlook on life.