Legal System Comparison And Legislative Perfection Of Juvenile Restorative Justice

Restorative justice is a new type of criminal punishment processing mode that is suitable for modern and traditional retributive justice,and the community correction system is a criminal punishment policy implemented specifically from the perspective of restorative justice.The construction of the juvenile community corrections system,as an important part of the current work of promoting juvenile justice and community corrections in our country,has a very important guiding significance for curbing juvenile crimes.This article mainly believes that the current minor community corrections service management system that is limited in China is still at the beginning of its development,and the relevant regulations and supporting measures are not sound.Therefore,we believe that we need to fully learn from the relevant foreign management systems,and It is again supplemented by combining with my country’s national conditions to carry out its transformation.On the basis of the preface,the content structure of the thesis includes the following four parts:The first part is an overview of restorative justice for minors.The term restorative justice for minors is actually ambiguous.Some scholars believe that restorative justice for minors refers to judicial measures that involve the participation of all parties in organizing reconciliation and helping minor criminals return to society after a minor commits a criminal act.Some scholars believe that restorative justice for juveniles emphasizes the restoration of victims,especially juvenile victims,rather than perpetrators.This article mainly adopts the viewpoint of the victim center,that is,after minors commit crimes,multiple parties participate in the organization of reconciliation,help the victims return to society,and repair the damaged social relations judicial measures.Restorative justice for minors is very different from conventional criminal punishment measures.First of all,it does not emphasize "an eye for an eye and a tooth for a tooth" in concept,but more emphasis on the use of effective alternative measures.Because restorative justice’s understanding of crime is different from the traditional retaliatory criminal law from the beginning.Restorative justice considers that crime is a serious damage to social relations rather than damage and impact on the interests protected by the criminal law or the public power of the state,so Reflected in the specific methodology,there are many differences.Second,restorative justice for minors has special procedures and enforcement methods.Due to the special concept of restorative justice coupled with the special protection of minors by criminal policies,restorative justice for minors will adopt methods such as "compensation","community service",and "apology" instead of traditional penalties.Such as "imprisonment","fine" and so on.And there are many differences and workarounds in the execution procedure.Finally,restorative justice has many unique values such as making up for the failure of traditional criminal law,saving judicial resources,and building a harmonious society.The second part is about the status quo of our country’s restorative justice system for minors.China’s current punishment measures for minors committing criminal acts are divided into four stages.One is that minors under the age of twelve belong to the age group that is absolutely not criminally liable,and no matter what kind of behavior they have committed,they will not be Public authorities require criminal responsibility;second,minors who have reached the age of twelve and under the age of fourteen commit intentional homicide,intentional injury,cause death or the method is particularly cruel and cause serious consequences,the Supreme People’s Procuratorate may approve and prosecute,Bear criminal responsibility;third,minors who have reached the age of 14 but not the age of 16,who commit eight types of serious crimes shall bear criminal responsibility;fourth,minors who have reached the age of 16 but not the age of 18.All of its criminal acts should bear criminal responsibility,but they should be lightened or mitigated in accordance with the law.my country has partially absorbed some of the concepts and measures of restorative justice.If minors under the age of 16 do not bear criminal responsibility in accordance with the law,parents or guardians will be ordered to discipline them,and if necessary,special corrections will be carried out.The lawsuit requires the guardian of the perpetrator to apologize and compensate.However,although the existence of these measures is permitted by law,there is no detailed regulation on them.Different places have different practices and different opinions.More importantly,such a vacuum zone is often the focus of intensification of contradictions.The third part is about the restorative justice of minors in relevant countries outside the region and its enlightenment.Although restorative justice for minors originated in North America,such as Canada,the United States and other countries,I have had my country’s advantages and particularities in handling minor criminal cases.We have not yet reached a high degree of community autonomy,nor suitable for our basic national conditions.We have the advantage of democratic centralism,family traditions and a highly developed moral system.Compared with the German juvenile court system and the British juvenile delinquency The model of group and community collaboration,and the model of juvenile family courts in Japan are more similar to the basic situation of our country,and they are more valuable for exchange and reference.The fourth part is the improvement of our country’s restorative justice system for minors.Combining advanced foreign experience and China’s basic national conditions,China’s juvenile punishment can be improved in the following areas:(1)First,a clear punishment rule must be established in legislation,and detailed judicial procedures should be formulated in combination with China’s specific practices,such as compensation.Specific standards,necessary conditions for corrective education when necessary,and specific corrective methods;(2)Increase minors to provide community services,listen to victim statements,repent or apologize,and other measures to make up for the loopholes such as non-accountability;(3)Attract social forces from all walks of life Participate in the process of restorative justice,save judicial resources and ensure the realization of restorative justice goals.