Study On Juvenile Criminal Reconciliation System

In recent years,the trend of juvenile delinquency is obvious and some violent crimes have aroused widespread concern.Therefore,in 2021,the minimum criminal responsibility capacity of minors has been revised down individually.However,serious violent crimes are still individual phenomena,and the handling of juvenile delinquency cases cannot blindly emphasize punishment.Attention should be paid to saving the delinquent minors through education,and targeted reform measures should be taken to help them return to society.The current Criminal Procedure Law of the People’s Republic of China stipulates the procedure for public prosecution cases where the parties settle,which is also the basis for the application of the criminal reconciliation system in juvenile delinquency cases.However,juvenile delinquency has special characteristics that are different from adults.If the application of the criminal reconciliation system follows uniform standards,it cannot reflect the protection of juvenile offenders.In judicial practice,there may be conflicts with the principles for handling juvenile delinquency cases,resulting in inconsistent application of the system in judicial practice.Therefore,it is necessary to continue to improve the juvenile criminal reconciliation system within the existing legislative framework.By clarifying the meaning and theoretical basis of the juvenile criminal reconciliation system,defining the research object,analyzing the significance of the juvenile criminal reconciliation system under the guidance of restorative justice theory,the relative principle of legally prescribed punishment for crimes,and the policy of education as the main punishment supplemented by punishment;By analyzing the current application status of the juvenile criminal reconciliation system through judicial cases of juvenile delinquency,this paper summarizes the problems existing in the current juvenile criminal reconciliation system in China,including unclear guiding ideology at the macro level,unreasonable scope and procedural provisions in the application process,and imperfect supporting mechanisms.In response to the above issues,suggestions are put forward to improve the system in line with the actual situation of our country,including the provisions of the juvenile criminal reconciliation system in the chapter of juvenile criminal proceedings,expanding the scope of applicable cases of juvenile criminal reconciliation,standardizing the reconciliation process,and improving our juvenile criminal reconciliation system through the establishment of strict personnel access,supervision mechanisms,and community correction systems.