The Discussion Of Juvenile Litigation Procedure

The national lawmaking strengthens a protection to the juvenile is the consensus of international community. Because the development of juvenile's mind and body, knowledge isn't yet sound, the ability of controlling and recognizing are not so good. They are accept new things easily, the plasticity and might transform greatly strengthened also, so the weighing scales of law hence tilt to one side toward the juvenile. In our country the criminal legislation bases saving to the minor, educates primarily, punishes auxiliary for implements to carry out the policy of education, influence, pulls teaches.《Law of the People's Republic of China end adult protection》which promulgated an implement in 1991 and《Law of the People's Republic of China prevent juvenile from crime》which promulgated an implement in 1999 rise this principle to the law layer to take into confirmation. The penal code after revising in 1997 strengthened further to the juvenile's judicial protection on the entity .But at pertaining to litigation procedure , the lawmaking is slightly more or less not enough. So in the judicial practice, the judicial protection of juvenile's lawsuit right often falls to the the awkward region which is in a dilemma. This text mainly commence from set up the juvenile litigation procedure of our country , inquiry into the theories foundation ,the guideline, the basic system and concrete procedure of this special litigation procedure systematically. Expecting to provide certain reference and the model to the construction of juvenile's criminal litigation procedure which has the Chinese characteristic .I think when we construct the juvenile litigation procedure, we must implement principle of separate the adult criminal case and the juvenile criminal case , carry on comprehensive and careful social investigation to the juvenile accused , simplify the juvenile case. In the detection procedure, try to reduce take the focible instrument to the juvenile takes the gentle mode in the interrogation ,donn't let the juvenile accused by themselves to safeguard their lawsuit rights .In the procuratorial procedure, we must reduce put the juvenile under arrest, unless accurrs the peculiar condition, we shouldn't bring an accusation against the juvenile . In the permission condition we can take the deferred prosecution system. Through establishes the youth court, the full utilization hearing case and take forces to defend consummates the juvenile litigation trial procedure .We should separate the juvenile and the adult imprisons in the executive of imprison and management, and condemns the penalty according to the different way, we can take the system of demolish criminal stain to give an opportunity to the juvenile who had slipped down , so that they can introspected and reformed themselves , encourage the juvenile melt into to the society again.