The Study On Construction Of Chinese Juvenile Criminal Reconciliation System

For a long time China has been using the ordinary criminal procedures to deal with juvenile delinquency cases, but the main particularity as minors, resulting in a minor subject to criminal penalties after the reform, education effect is not good. Practice has proved that the existing criminal procedure can not deal effectively with juvenile crime. In recent years, with the concept of restorative justice and non-punishment of the gradual emergence of thought in the world, China should explore the field of juvenile delinquency in the construction of a new better suitable for minors litigation. Juvenile Criminal Mediation treatment of minors in criminal cases is a new model.Starting from the basic theory paper on the concept of juvenile criminal settlement, the theoretical basis and the value of a detailed analysis of foreign experience, to clarify the nature of juvenile criminal settlement, the value of reconciliation through the criminal from criminal penalties to minors who are not adult benefits. Therefore, we have a minor criminal cases, should be the premise of ensuring accountability for crimes and pay more attention to protect the human rights of juvenile crime. To achieve this, we need to establish a set of principles and standards, and establish the relevant settlement system of juvenile criminal legislation. At the same time in the juvenile criminal process of reconciliation, we must always pay attention to the special features of juvenile offenders, reflect a special concern for minors. Of our present legislation does not establish criminal settlement system, but some of the existing legislation on minors, has a minor criminal settlement system based on the establishment of a correlation. Legislation, proposed the formal establishment of the Criminal Procedure Law in China's juvenile criminal settlement system, supplemented by the supporting system, establish an integrated system of juvenile criminal settlement system operation. The parties, the state and society to participate in multi-subject case, in a consultative way to ease the conflict and resolve disputes to resolve the case. Juvenile offenders in making the vulnerable groups from criminal punishment, but also to achieve the education of their conduct after the crime, save the legal effect.