| Juvenile crime has always been a difficult problem in China’s criminal justice,and also a hot issue in theoretical research.More than a decade later,the number of malignant cases of juvenile crimes increased,which aroused lasting social concern.In2012,the Criminal Procedure Law amended "the procedure of public prosecution cases settled by parties" into the legislation.For more than ten years,how has the system operated? The paper discusses the operation of juvenile criminal reconciliation system by means of empirical research.Field research has found that criminal reconciliation has played an important role in saving and reforming minors,saving judicial resources,making up for the loss of victims,and restoring social relations.However,the system has also been weakened.The problems existing in the juvenile criminal reconciliation system in China can be divided into the following three points: the defects in the system design level,the problems in the practical application level,and the lack of supporting mechanism for the juvenile criminal reconciliation procedure.The problems in the system design are that the application scope of the case is too narrow and the subject of the reconciliation procedure needs to be strengthened,in the practical application level,the openness and the democratic requirements conflict with the privacy protection of the minor,the single reconciliation mode,the excessive focus on material and economic compensation and the abuse of power,which affects the judicial credibility,the inadequate supporting mechanism of the criminal reconciliation procedure of the minor,the imperfect response mechanism of the minor personality investigation and community correction system,and the imperfect economic compensation and relief mechanism of the parties.In terms of improving the system design of juvenile criminal reconciliation,It is necessary to broaden the scope of application of the case and strengthen the subject of the reconciliation procedure,In addressing problems at the operational level,We need to adhere to the protection of minors’ privacy,open and transparent criminal reconciliation,and diversified use of reconciliation methods and improve the supervision mechanism,Improve judicial credibility,More attention to the enlightenment function and psychological recovery.In order to improve the supporting mechanism of juvenile criminal reconciliation procedures,it is necessary to improve the system of confirmation and response of true intention,improve the community correction mechanism of minors and establish the special relief fund for juvenile criminal reconciliation cases. |
