| In2012,the criminal reconciliation procedure was added to Criminal Procedure Law of the People’s Republic of China(hereinafter called "Criminal Law"),thus made the criminal reconciliation became legal.The concept of criminal reconciliation is consistent with the minor’s protection policy.According to the related statistical information of judicial practice on criminal reconciliation,the recidivism rate was reduced,and the juvenile perpetrators were educated.Also,victims received compensation,the damaged social relations are repaired and the judicial efficiency is improved.Criminal reconciliation has achieved remarkable results in the application of juvenile crime cases.We can’t blame juvenile delinquency solely on juvenile themselves,the social and family factors also attribute to this situation.The flexibility of juvenile group determines that the punishment,education and reform of such groups are different from adults.Correspondingly,the state,society and family should shoulder more responsibilities and obligations to juvenile involved in crime.As juvenile and adult delinquents hold so many differences,they should not be treated same in the application of criminal reconciliation.However,the criminal reconciliation procedure neglects the physical and mental particularity of the juvenile delinquents and does not distinguish it from the adult delinquents,resulting in manyconflicts both in the legislation itself and legislative practice.The main problems are as follows: the scope of criminal reconciliation is narrow;the difference between reconciliation non-prosecution and conditional non-prosecution is hard to distinguish;the standard of punishment of reconciliation is difficult to measure;the main body participates in reconciliation is unclear.However,the newly amended Criminal Law in2018 still not clearly proposed solutions to the above questions.Based on the personal understanding of problems exist in juvenile criminal justice as well as the relevant rules and regulations,combined with the new situation of juvenile crimes under the current judicial environment,the author puts forward some preliminary opinions from the following four aspects: the application scope,system convergence,measurement of penalty and participants.First,the scope of criminal reconciliation should be expended for juvenile crimes.Second,juvenile criminal reconciliation should connect with conditional non-prosecution system and the criteria need refinement.Third,punishment of juvenile criminal reconciliation should be standardized.Last,the main body that participates in the reconciliation ought to be clearly defined... |
