On The Improvement Of My Country's Juvenile Criminal Reconciliation System

Criminal cases involving the rights and interests of minors have increased dramatically in recent years in recent years.China's criminal reconciliation system has17 years of judicial practice experience since its inception in 2002.It plays a unique role in resolving disputes and conflicts in juvenile criminal cases,playing down the victims' revenge,re-socializing juveniles involved in crimes and guiding juveniles' psychological barriers that other programs and systems do not have.Although the criminal reconciliation system for juveniles involved in crimes can be found,there are still difficulties in reality.For juvenile victims who often have psychological barriers are infringed by crimes,there is no criminal procedure for psychological counseling up to now.A few juvenile victims in criminal cases can repair psychological trauma through the criminal reconciliation system,but the process is also difficult.Based on the practical dilemma in the application of criminal reconciliation system to juveniles and juvenile victims involved in crimes,this paper puts forward rational thinking on improving the juvenile criminal reconciliation system in China,with a view to making a modest contribution to the improvement of the juvenile criminal procedural law system in China.The body of this article is divided into three parts:The first part is about the basic problems of juvenile criminal reconciliation system in China.Firstly,starting with the analysis of the connotation of juvenile criminal reconciliation system,this paper analyses the proper subject of juvenile criminal reconciliation system,including juvenile victims as procedural subjects in the scope of juvenile criminal reconciliation cases,and makes an analysis of the necessity of setting up juvenile criminal reconciliation system and juvenile victim criminal reconciliation system from different dimensions,and probes into juvenile punishment.The two aspects of system value orientation of reconciliation system,the criminal reconciliation system of juveniles involved in crimes is defined as the judicial transfer of non-imprisonment,and the criminal reconciliation system of juvenile victims is defined as the platform of psychological rehabilitation and counseling litigation,so as to construct the foundation for the improvement of juvenile criminal reconciliation system;The second part is the realistic dilemma of the juvenile criminal reconciliationsystem in China.From the two dimensions of minors and minor victims involved in crimes,there are deviations in the concept of criminal reconciliation system for minors involved in crimes.The concept of causal retribution and the biased understanding of "spending money to buy punishment" under the influence of national departmentalism have narrow scope of cases involving minors and are confined to criminal cases and cases in Chapters IV and V of the Criminal Law caused by civil disputes.The unreasonable design of reconciliation procedure reveals that the protection of the rights of juvenile victims in criminal reconciliation lacks systematicness and psychological barriers are not paid attention to.Most juveniles who are infringed by crime can not obtain psychological counseling and the lack of the rights of juvenile victims in criminal reconciliation proceedings;The third part is the rational thinking of perfecting the juvenile criminal reconciliation system in China.According to the particularity of minors and minor victims involved in crime in criminal reconciliation,this paper puts forward the conception from the concept of understanding to the specific rights of criminal reconciliation litigation to the reconciliation procedure.We should change our understanding of the criminal reconciliation system for juveniles involved in crimes,expand the scope of criminal reconciliation cases for juveniles involved in crimes,and design reasonable criminal reconciliation procedures for juveniles involved in crimes;juvenile victims' criminal reconciliation should pay attention to the psychological barriers of juvenile victims,design reasonable criminal reconciliation procedures for juvenile victims,and regard criminal reconciliation as juvenile victims.Psychological counseling platform,give the corresponding right to reconciliation litigation.From the perspective of comprehensive protection of minors,a special system of criminal reconciliation for minors involving minors and minor victims should be established.