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I. Introduction to the Issue

On June 1, 2023, the "White Paper on Juvenile Procuratorial Work (2022)" revealed an increase in juvenile delinquency with a trend toward younger offenders, necessitating legal responses. China established a criminal reconciliation system in 2012, but practical implementation has been inadequate. Academic research on legal negotiation strategies for juvenile criminal reconciliation remains unexplored. This paper will analyze negotiation techniques and strategies from a legal negotiation perspective, offering new insights for implementing the juvenile criminal reconciliation system and achieving judicial fairness.

II. The Space and Value of Legal Negotiation in the Juvenile Criminal Reconciliation System

This section explores the space and value of legal negotiation within the juvenile criminal reconciliation system. It emphasizes the importance of negotiation in conflict resolution and building social relationships, arguing that the juvenile criminal reconciliation system should provide a theoretical foundation and practical framework for legal negotiation. With the rise of minor offenses, China has entered an era of misdemeanors, where convicting and sentencing juvenile defendants may disrupt their lives and lead to unfair treatment in education and employment. Therefore, the state should adopt non-punitive measures to offer young offenders opportunities for correction. Legal negotiation is both feasible and necessary, characterized by subordination, normativity, and complexity compared to traditional negotiation. In China, juvenile delinquency cases adhere to the principle of "education first, punishment second." The criminal reconciliation process must achieve legal resolution while focusing on educating and guiding juveniles to reintegrate them into society.

III. Operational Models of China’s Juvenile Criminal Reconciliation System

This section introduces three operational models of China’s juvenile criminal reconciliation system. The first is the passive confirmation model, where the offender and victim reach an agreement independently, followed by review and confirmation by judicial authorities. The second is the entrusted mediation and confirmation model, where third-party mediation organizations facilitate reconciliation, helping protect victims' rights, rehabilitate offenders, and improve judicial efficiency. The third is the proactive facilitation model, where judicial authorities actively intervene to promote reconciliation, characterized by strong leadership and an indistinct boundary between negotiation and confirmation procedures.

IV. Legal Negotiation Issues in China’s Juvenile Criminal Reconciliation System

This section discusses problems in legal negotiation within China’s juvenile criminal reconciliation system. First, judicial authorities exhibit cognitive biases, treating compensation amounts as the sole indicator of an offender’s sincerity, overlooking the true purpose of criminal reconciliation. This approach may lead to victims demanding excessive compensation or offenders displaying poor attitudes, hindering the reconciliation process. Second, reconciliation procedures lack standardization, with some judicial personnel failing to inform juvenile offenders of their legal rights, preventing them from fully exercising those rights and compromising case outcomes. Finally, the absence of a robust legal oversight mechanism grants excessive discretion to judicial authorities, potentially leading to injustice and corruption. These issues undermine the effectiveness of the juvenile criminal reconciliation system in practice.

V. Optimizing China’s Juvenile Criminal Reconciliation System from a Legal Negotiation Perspective

This section explores ways to optimize China’s juvenile criminal reconciliation system through legal negotiation. First, it categorizes legal negotiation into cooperative and problem-solving types, proposing respective negotiation strategies. Cooperative negotiation emphasizes building friendly collaborative relationships, requiring negotiators to master techniques for making reasonable demands and engaging in courteous debate. Problem-solving negotiation demands exhaustive efforts to identify and create potential win-win opportunities. Second, it highlights the importance of correctly understanding legal negotiation principles and establishing oversight mechanisms for the reconciliation system. It recommends post-reconciliation supervision by judicial authorities to ensure the authenticity and legality of agreements. Finally, it stresses the need for guiding and educating both victims and offenders during reconciliation, improving the reconciliation mechanism, and leveraging legal negotiation to foster rational communication, reduce misunderstandings, and achieve resolution.

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