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Research On Criminal Reconciliation Of Juvenile Delinquency

Posted on:2021-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q MaoFull Text:PDF
GTID:2436330623471604Subject:Procedural law
Abstract/Summary:PDF Full Text Request
Criminal reconciliation system in the country from the embryonic stage of the initial exploration to the present in full swing,has been more than ten spring and autumn.At the beginning of 2012,the new criminal procedure law officially provided the legal basis for criminal reconciliation.The formal introduction of criminal reconciliation has properly resolved social contradictions,effectively resolved social disputes,and realized the organic unity of legal effect and social effect.Minors are an important subject in criminal reconciliation,but also a special subject.On the one hand,minors have the characteristics of emotional impulsiveness,simple criminal motivation and plasticity.On the other hand,Article 277 of China's criminal procedure law also clearly stipulates the guidelines and principles.From this point of view,the criminal reconciliation system is one of the systems suitable for the education and rescue of minors after committing crimes.From this perspective,criminal settlement system is important for minors education and probation.From a practical point of view,China's current laws and regulations,minors are not explicitly criminal reconciliation system,the criminal reconciliation system the new "Criminal Procedure Code" has not established to distinguish between minors and adults.Caused some conflicts and contradictions in reality.September 2018 River South Lushan Procuratorate issued an article on the topic of "the two sides of the minor rape case to clear the past and settle the case ",which triggered a strong social response.Whether or not minor crimes should be reconciled,how to reconcile,the scope of application of juvenile criminal reconciliation,has become discussion of the broad masses at that time.In particular,the applicability of the crime of rape to reconciliation is of concern to all.Therefore,it is necessary to study the juvenile criminal reconciliation system.Before formally studying the reconciliation system of juvenile delinquency in China,it is necessary to study and explore the criminal reconciliation system of juvenile delinquency in the main rule of law countries outside China,so that we cancompare and analyze our current shortcomings.In this way,we can comparatively analyze our current deficiencies,so that we can absorb extraterritorial experience,and put forward suggestions to improve our country's criminal reconciliation system for minors.This paper analyzes the current situation of juvenile reconciliation,and takes the real cases of juvenile criminal reconciliation as an example,analyzes the current minor reconciliation situation,studies the adaptation of the current reconciliation system to minor subjects,and puts forward concrete and appropriate suggestions to the minor criminal reconciliation system,which is the real protection of minors from the perspective of governing the country according to law.Studying this topic is conducive to better protection of the rights and interests of minors,and can effectively solve the disputes and opinions that arise in reality because there are no specific provisions for juvenile criminal reconciliation.To promote the reintegration of minors to protect the rights and interests of minors has far-reaching significance.
Keywords/Search Tags:criminal reconciliation, juvenile crime, systems security
PDF Full Text Request
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