The Improvement Of The Criminal Reconciliation System In The Perspective Of Juvenile Justice

Although the concept of restorative justice does not appear in the form of legislation in China’s criminal law provisions and related documents,with the establishment of criminal reconciliation procedures in the Criminal Procedure Law in 2012,the use of this judicial model in practice has become more and more mature,at the same time,with the gradual depth of its operation,also reveals the existence of some problems and shortcomings,such as not reflecting the special treatment of juvenile offenders For example,it does not reflect the special treatment of minor offenders.From the history of the introduction of criminal reconciliation procedures in China and the research line of domestic scholars on restorative justice and criminal reconciliation system,it is difficult to determine whether such a "loophole" is an "inadvertent omission" by the legislator or a deliberate one based on a wait-and-see attitude.In any case,as the educational and corrective function of criminal reconciliation for offenders has been verified through judicial practice,it should be on the agenda to fill such a gap.this paper analyzes the shortcomings of China’s criminal reconciliation system by reading the literature,analyzes the characteristics of juvenile crimes with the help of research data,and draws on the advanced experience of foreign judicial models of juvenile criminal reconciliation by means of comparative research.The study is divided into the following sections The paper is divided into the following sections.The introductory part introduces the background of this paper,and compares and summarizes the research results and related literature at home and abroad,in order to grasp the research dynamics and use it to clarify the direction and intention of the writing.The first part gives a general overview of the juvenile criminal reconciliation system,shows that there is a deep "soil" for the flowering of this system in China by elaborating the realistic basis for the establishment of juvenile criminal reconciliation in China,opens up research ideas by discussing the legislative status of juvenile criminal reconciliation,discusses the necessity of building the system to respond to the legislative The second part is a discussion of the legislative status of juvenile criminal reconciliation,the need to build a system to address the legislative loopholes,and finally the differences between juvenile criminal reconciliation and adult criminal reconciliation.The second part examines the practice of juvenile criminal reconciliation,which mainly includes the introduction and classification of some specific paradigms and guiding ideas of juvenile criminal reconciliation in foreign countries,and explores some reference concepts and logic of system construction.The analysis focuses on the shortcomings of criminal reconciliation in China’s judicial practice and the reasons for these shortcomings,so as to provide guidance for the construction and improvement of China’s juvenile criminal reconciliation system.The third part focuses on promoting the judicial realization of juvenile criminal reconciliation in China,pointing out the need to change the concept at the macro level and to optimize the implementation of the system at the micro level to achieve this goal.The fourth part envisages the construction of a juvenile criminal reconciliation system from a legislative perspective,mainly by discussing where the existing system needs to be improved,exploring the legal implications of reaching a juvenile criminal reconciliation,and the improvement of the indispensable supporting system.