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A Study On Optimizing The System Of Juvenile Criminal Reconciliation

Posted on:2021-06-12Degree:MasterType:Thesis
Country:ChinaCandidate:L R QiaoFull Text:PDF
GTID:2506306290480524Subject:Law Litigation law
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The China of criminal settlement has been applicable to the handling of criminal cases of minors since 2002.The system has played a good role in saving minors who have committed criminal acts,compensating for victims who have suffered losses,and repairing social relationships damaged by crime.China’s legislation does not organically integrate the juvenile’s criminal case proceedings with the criminal reconciliation system,resulting in operational difficulties in judicial practice,restricting the scope of application of the minor’s criminal reconciliation,and making the system unrealistic.Its role.I urgently need to improve the current juvenile criminal reconciliation system in line with the international trend reform and the domestic status quo,so that it can be integrated with the existing juvenile criminal case special litigation procedures,with conditional non-prosecution and guilty plea The recognition and punishment system is connected to better handle minor criminal disputes and to more comprehensively protect the rights of minor prosecutors and the legitimate rights and interests of victims.This article analyzes the legislative deficiencies in the current situation of the criminal reconciliation system for minor crimes in China and the problems of the related supporting mechanisms,and based on the above deficiencies,puts forward several suggestions for the complete criminal reconciliation system for minors in China So that it can give full play to its due effect in the handling of criminal disputes among minors in China.The introduction part summarizes the relevant background,motivation,research status,research content and methods of the criminal reconciliation system for minors,which provides a theoretical and practical basis for the text of this article.Subsequently,the article is divided into four parts for detailed elaboration.The first part mainly expounds the relevant theoretical basis of the criminal reconciliation system for minors.First of all,on the basis of the analysis of the conditional non-prosecution,adult criminal reconciliation,confession and punishment systems,the concept and characteristics of the criminal reconciliation system for minors in China are interpreted and defined.Then,the establishment of the criminal reconciliation system for minors The basic theory of justice contained in the operation is specifically explained.Finally,the application of the criminal settlement system for minors in the typical countries of the Anglo-American legal system and the civil law system is briefly summarized and analyzed.The improvement of the reconciliation system has implications.The second part is mainly to explain the value orientation and function of the minor’s criminal reconciliation system,and to explain the necessity and significance of the system.The third part mainly analyzes the problems of legislative deficiencies and inadequate supporting mechanisms in the application of the current criminal reconciliation system to minors in my country,and provides clear thoughts for regulating the criminal reconciliation system of minors in my country.After the foregoing discussion and analysis,the fourth part is aimed at the problems existing in China’s current application of the system,based on some foreign advantages,specificanalysis of specific problems,and put forward several optimization suggestions to improve China’s minor criminal reconciliation system It advocates the improvement of China’s legislative provisions on criminal proceedings and the construction of relevant supporting systems for the criminal reconciliation system for minors,and a clear,standardized,scientific,and operable criminal reconciliation system for minors.
Keywords/Search Tags:minor, crime, criminal reconciliation, optimizatio
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