| Juvenile delinquency is a common problem for all the countries in the world. In recent years, along with the gradual rise of the concept of restorative justice, juvenile criminal reconciliation system has been many western countries into the criminal dispute settlement mechanism, and play a positive and effective role. Our country has paid great attention, and has made positive explorations in practice. In 2013 the newly revised "Criminal Procedure Law" provisions for criminal reconciliation system and minor criminal procedure system, but it is not the perfect combination of the two. Therefore, special protection to minors, perfection of juvenile criminal settlement system different from that of adults very necessary.In this paper, the court trial stage as the starting point, facing the current situation and difficulties of system application, and strive to explore in line with China’s national conditions of juvenile criminal settlement judicial path. The thesis consists of four parts. The first part from the "and" and "solution" back cut, defines the concept and characteristics of "criminal reconciliation", and never adult criminals, the victims, the state and society several different angles in-depth analysis of multi value of juvenile criminal settlement system. The second part focus on the practical investigation, presents the juvenile delinquency and the court the applicable criminal reconciliation case with plenty of visual data, a profound analysis of the institutional problems, including the conflict of traditional ideas, the lack of legal basis, the judicial practice difficulties and lack of supporting system support. The third part of the dielectric, France, Norway, Germany USA about juvenile criminal reconciliation case, comparing some minor differences in the criminal reconciliation of the two basic modes, briefly discusses the trend of development, in order to summarize the lessons for China. The fourth part of the paper, the absorption of foreign experience, demonstrates China’s juvenile criminal reconciliation "the court led, social participation" pattern design, and on this basis, scope of application, the specific procedures for reconciliation, supporting system of full deployment description. |
