Juvenile Criminal Cases To Explore The Scope Of Reconciliation

The Criminal Procedure Law in 2012 provided for the parties 'settlement procedures in public prosecution cases,which transformed the criminal reconciliation system from a policy to a legal system,and provided a unified legal basis for the parties' reconciliation behavior in practice.Considering the particularity of juvenile cases,there is insufficient attention to the characteristics of juveniles,and insufficient awareness of the establishment of a juvenile independent and applicable judicial system.The current law stipulates that the scope of application of adult criminal reconciliation applies equally to cases of minors,resulting in a narrower scope of application of the system in cases of minors,reducing the possibility of minors exempt from prosecution or criminal punishment.Conducive to the education and correction of minors after crime.At the same time,in the case of minors,the victims are mostly minors,and the limitation of the scope of criminal reconciliation is not conducive to the protection of the rights and interests of minor victims,and it cannot reflect the special protection of minor victims.In judicial practice,the scope of the application of criminal reconciliation to minor cases has tended to expand and apply,resulting in inconsistencies in the scope of application of criminal reconciliation and judicial injustice.This article focuses on the scope of application of juvenile criminal reconciliation and is divided into four parts.The first part is based on the "rape reconciliation in Lushan,Henan Province" as an example,which explains that the scope of criminal reconciliation applied by minors in judicial practice in China is not consistent with the scope prescribed by legislation.The current criminal reconciliation system ignores the particularity of minor subjects And the principles of education and recovery for minors,which leads to the object to be explained in this article-to explore the scope of application of criminal reconciliation in minor cases;the second part mainly expounds the necessity of expanding the scope of application of criminal reconciliation of minors.It analyzes the characteristics of juvenile cases,the principles to be followed in juvenile judiciary,victims' rights,and cooperative judicial trends Explains that expanding the scope of application of criminal reconciliation is conducive to achieving the goal of special protection for juvenile criminal suspects and protecting the rights and interests of victims;the third part mainly explores the dilemma,and analyzes the scope of criminal reconciliation stipulated in current legislation to explain the application rate in current cases.Low cause,re-search case After the analysis and analysis,it was found that the scope of the judicial organs' application of criminal reconciliation to juvenile cases has exceeded the limits of legislation,and explained the protection of rights and interests brought by the scope of the current criminal reconciliation to victims in juvenile cases.The content of the fifth part is to improve the scope of the application of criminal reconciliation in juvenile cases,from the expansion of the scope and the improvement of related procedures,and advocates the expansion on the basis of the current criminal reconciliation applicable to adults.The establishment of an independent criminal reconciliation system in the case of minors will increase the number of crimes applicable to criminal reconciliation and break the limit of the sentence.While expanding the scope of application,we should strengthen the guarantee of voluntary reconciliation between the two parties so that the criminal reconciliation system takes advantage of minor cases,realizes a "win-win" situation for both parties,and promotes social harmony and stability.