An Analysis On The Limitation Of Application Of Minor Criminal Reconciliation In China

In recent years,juvenile delinquency cases have been a hot topic,because that the number of juvenile delinquency cases has gradually increased and juvenile delinquency has a significant impact on the development of their lives and the future of society.Criminal reconciliation is an innovative solution for juvenile delinquency cases,which can make minors sincerely regret and obtain the victim’s understanding,so as to obtain the result of lighter,lenient or waive punishment,and make social relations get better recovery,according with the psychological characteristics of minors,give minors the opportunity to repent,and especially pay attention to the enlightenment of minor offenders,so the application of criminal reconciliation has a positive effect on criminal cases of minors.In China,the application of the criminal reconciliation system for minors is a bottom-up reform,and practice comes first.The revised Criminal Procedure Law does not highlight the independence of the criminal reconciliation system of minors.In practice,the limits of criminal reconciliation of minors are inconsistent with the legislative provisions,and there has been a tendency to disorder.Facing the disorderly application of criminal reconciliation in juvenile crime cases,we need to clarify the important problem of the limits of the application of the criminal reconciliation law for minors.This article analyzes the limits of juvenile criminal reconciliation from four aspects.The first chapter starts with the application status of the criminal reconciliation system for minors,and analyzes the case data in judicial practice to conduct a chart analysis.It finds the tendency of the limitless disorder in the application of the criminal reconciliation law for minors,and specifically analyzes the status of the problem.The second chapter aims to analyze the reasons for the limits of the application of minors’ criminal reconciliation,analyzes the causes of the problems from the theoretical,legislative,and judicial perspectives,and reflects on the issues;the third chapter mainly discusses how to establish the criminal reconciliation ofminors Limits of application of law,reviewing relevant perspectives of the academic world,analyzing the factors that should be considered in the limits of the legal application of minors’ criminal reconciliation from three levels of academic theory,system and judicial needs;Chapter 4 proposes minors based on the previous analysis Normative path and improvement suggestions for the limits of criminal reconciliation.To regulate the applicable limits of the criminal reconciliation law for minors,criminal reconciliation for minors should be provided separately.At the theoretical level,the idea of criminal integration should be implemented,the basic principles of the application of minors ’criminal reconciliation should be established,and criminal reconciliation should be a quantitative punishment of law;the limits of the application of minors’ criminal reconciliation should be regulated when designing specific systems,and the minor Judgment and sentencing supporting the criminal reconciliation system.