| The Criminal Reconciliation Law amended in 2012 formally established a criminal reconciliation system.This system has a good practical effect,effectively reducing the recidivism rate,relieving the rights and interests of victims,and also alleviating judicial pressure to a certain extent.Regrettably,our country has established criminal reconciliation procedures and special procedures for juvenile criminal cases,but has not established an independent system for juvenile criminal reconciliation.Juvenile offenders have strong plasticity.In addition,our country has implemented a criminal policy of “education-oriented and punishment-assisted” for minors.An independent criminal reconciliation system for minors has the necessity of being established in China.feasibility.Since China has not yet established an independent criminal reconciliation system for juvenile delinquency,criminal reconciliation for juvenile delinquency has not been granted "special treatment",and it still complies with Articles 288 to 290 of the Criminal Procedure Law,that is,the general criminal reconciliation system.This has led to a certain practical dilemma in criminal reconciliation of juvenile delinquency.For example,the scope of criminal reconciliation cases for juvenile delinquency is too narrow,the way in which minors perform reconciliation agreements is too singular,the criminal reconciliation system for minors is not effectively coordinated with the conditional non-prosecution system in special procedures for minors,and so on.Unlike our country,many western developed countries have established independent criminal reconciliation systems for juvenile delinquency.The scope,procedures,and participants of criminal reconciliation for juvenile delinquency are different from the adult criminal reconciliation system.This article examines the criminal reconciliation system of minors in Britain,Germany,New Zealand,and Japan,and finds that many of these legislative experiences can be used in China.For example,China can establish an independent system of juvenile criminal reconciliation in legislation,expand the scope of minors’ criminal reconciliation,and expand the scope of juvenile criminal reconciliation cases.Combining the practical dilemma of applying the criminal reconciliation system to juvenile delinquency in China and the legislative experience of foreign countries,this paper believes that China should establish an independent criminal reconciliation system for minors.Specific suggestions for constructing this system are as follows: First,Scope of cases in adult criminal reconciliation proceedings.The second is to design the procedures of the criminal reconciliation system for minors from the aspects of participants and moderators.Third,improve supporting systems such as the supervision system and the correction system for minors after criminal settlement is reached.Fourth,enrich the ways of performing the settlement agreement.The method of performing the settlement agreement should not be limited to monetary compensation only.Juvenile offenders can also perform the settlement agreement through social service orders and the provision of labor services to victims.Fifth,to coordinate the relationship between the criminal reconciliation system for minors and the conditional non-prosecution system.When a minor case meets the applicable conditions of both systems,consideration can be given to applying the conditional non-prosecution system as a priority. |
