Research On Juvenile Criminal Reconciliation System In China

Criminal reconciliation system,also called the offender and the victim of the reconciliation system Restorative justice of criminal reconciliation system,the first to be suitable for minors criminal cases but the later legislation does not with minors and adults in the use of criminal reconciliation to distinguish,make more confusion in the application of the judicial practice,China’s revised criminal procedure law in 2012 Since then,China has formally established the criminal reconciliation system.Due to the long time interval since the amendment of the law,the content stipulated in the law can not be well applied to the juvenile crime cases in today’s society,resulting in the judicial practice can not be well handled according to the law.In the world,countries are paying more and more attention to the protection of minors,and the regulations on juvenile crimes are becoming more and more perfect.At the same time,China has also established the basic idea that education should be given priority to and punishment should be supplemented in the protection of minors in criminal cases So I hope that through this article never adult criminal settlement system of the origins and development of our country juvenile criminal reconciliation system in the current situation of the development of the problems existing in the two aspects,on our country’s juvenile criminal reconciliation system put forward the corresponding Suggestions,so as to solve the particularity of its applying fatigue and the status quo,and through the mode of the overseas related regions and countries for reference to explore a more accord with me China’s current approach to juvenile criminal reconciliation is more perfect,so that it can play an inherent role in the prevention and treatment of juvenile crimes.First,this paper introduces the connotation of the juvenile criminal reconciliation system development theory and legitimacy foundation Never the meaning of the adult criminal reconciliation system,and different academic views as the breakthrough point,analysis of minors in our country the status quo of the development of the criminal reconciliation system for analyzing the developing course of minors’ criminal reconciliation system Then,through to the restorative justice theory The theory of China’s construction of a harmonious society Three perspectives for the development and improvement of China’s juvenile criminal reconciliation system to provide a powerful theoretical basis through the Criminal Law Amendment 11 of the new provisions on juvenile crime,thinking about the impact and development prospects of juvenile criminal reconciliation system Through the operation procedure and social value of the juvenile criminal reconciliation system to demonstrate its theoretical basis and justification.Through the discussion of the theory of restoration dispute,combined with the current situation of the development of China’s society,from the perspective of the perpetrator and society,the value goal of the concept of restorative justice is maximized based on the theory of restorative justice.Second,about the social value of minors’ criminal reconciliation system in China and the applicable conditions,minor criminal reconciliation system has very high value for the development of the society,the crime will cause damage to the stability of social relations,by a minor criminal reconciliation system better to repair the damaged social relations,make the society more receptive to minors’ criminal offence,so that it is to turn over a new leaf Juvenile criminal reconciliation system helps juvenile offenders realize the seriousness of wrong laws,helps them establish correct legal concepts,Revere the law,prevent them from committing crimes again,and effectively maintain social order Through settlement way,in order to ease the tactics for minor offenders to recognize errors,can reduce the proceedings at the same time,improve judicial efficiency,saving judicial resources From serious criminal cases for sentencing applicable and participate in the main body of three aspects,analysis our country juvenile criminal reconciliation system in the process of apply the problem,find out the deficiency.Finally,the author puts forward the problems in legislation and judicature of the juvenile criminal reconciliation system in China,aiming at the narrow scope of application and reconciliation and the imperfect implementation and supervision system Mechanism and voluntary is difficult to guarantee,etc,and puts forward corresponding Suggestions in order to promote the development of the juvenile criminal reconciliation system,combined with China’s national conditions,to make reconciliation system achieve better educate minors crime,protect the legitimate rights and interests of minors,to appease the victim pain,true to do in the state organs under the auspices of reconciliation,make the system better used in society In this way,we can guide minors to grow up in the society better,improve the efficiency and quality of solving juvenile crime cases,optimize the allocation of judicial power better,save judicial resources,and provide a stable and harmonious environment for the growth of minors In the construction of criminal reconciliation system,in addition to the establishment of the system at the time of reconciliation,it is necessary to implement the continuous education and reform of juvenile delinquency after the reconciliation.Based on the immature mental cognition of minors,in the process of criminal reconciliation,the judicial organs can combine the situation of minors themselves and guide their parents and teachers Community workers can introduce the reconciliation process,so that they can deeply realize their own mistakes,so as to reform through the humanistic care for minors,in order to enhance their sense of responsibility and response to the social ability,and promote the mutual trust and unity of the parties in the process of interaction.What I expect is that the juvenile criminal reconciliation system can help juvenile offenders to form a correct legal concept and outlook on life,so that they can better return to the society and repay the society after committing crimes.For the victim,through the perpetrator sincere repentance and real reconciliation,in the psychological and material are due compensation;As for the law,such cases can be dealt with effectively through an effective system to save judicial resources to the greatest extent and maintain the dignity of the law.