Study On The Voluntary Protection Of Juvenile Victims In Criminal Reconciliation

As one of the special procedures of criminal procedure,the criminal reconciliation system is an effective measure to realize the physical and mental recovery of minor victims and help them return to normal study and life.The protection of minors’ voluntariness is an important prerequisite for criminal reconciliation.In the criminal reconciliation procedure,the minor victim does not have full autonomy because of his incapacity or limited capacity.Therefore,according to the provisions of the Criminal Procedure Law,the criminal reconciliation of minors needs to be carried out by a third party.However,in this process,there are no detailed provisions in the law on how the judicial organ obtains and treats the opinions of the minor victims,as well as the specific implementation of the reconciliation on behalf of the victims.In addition,there are still deficiencies in the reconciliation procedure,the voluntary protection of juvenile victims and the power supervision of judicial organs,which leads to the "forced" voluntary behavior of juvenile victims.The United Nations Convention on the Rights of the Child is the most basic requirement for the survival and development of minors,and its article 12 clearly stipulates that minors have the right to express their opinions,which has important reference significance for the protection of the voluntary nature of juvenile victims in China’s criminal reconciliation.As a state party to the Convention,China also has the obligation to implement its provisions in detail.Therefore,the procuratorial organ and the court should strengthen the supervision and examination of the criminal reconciliation procedure,standardize the operation mode of criminal reconciliation,respect the subject status of minor victims as the principle,take into account the interests of all parties,and realize the return of the value of criminal reconciliation.In addition,China can gradually give the minor victims the right to know,the right to express,independent right to repent to improve the construction of their own rights,to protect the voluntary nature of the minor victims,improve the criminal reconciliation system.This is not only conducive to eliminating the misunderstanding of criminal reconciliation as "buying punishment",but also of great significance for the protection of juvenile victims.