The Thought On Juvenile Criminal Proceeding Procedure Legislation

Juvenile criminal proceeding procedure should be different with adults, which is acknowledged by laws of different nations and is the common sense of our jurisprudential circle and judicial practices. However, there is no specialized juvenile proceeding procedure law in our national legislation. The legal rules for the juvenile criminal cases of the current criminal law are too simple, lack of specialized chapters and systematic provisions. The juvenile criminal cases are mostly dealed in accordance with the judicial interpretation in judicial practice, the judicial protection for the juvenile is weak and deficient. So acceleration of the construction for the juvenile criminal legal system and consummation of the juvenile legal procedure is of practical significance and theoretic values for the juvenile proceeding rights in the juvenile criminal cases.This paper starts with the construction of the legal proceeding of juvenile criminal cases. With not only the materials both from domestic and abroad, but also the judicial practice, author discusses the urgently need for specialized proceeding of juvenile criminal cases, the fundamental principles of creating proceeding for such cases, and the specific design for these proceedings, with the purpose to be useful in the construction of the proceedings of juvenile criminal cases in our country.In the introduction, the writer mainly explains the fact that there're no specialized legal procedures of juvenile criminals in criminal law, and points out that it is very necessary and urgent to add juvenile criminal proceeding chapter so as to be in keep with the international legislation status and to protect the juvenile judicial rights.Chapter 1, the specialized proceedings needed in juvenile lawsuits. Beginning with the current situation of the proceeding of juvenile criminal cases, author clarifies the concept of specialized proceedings of juvenile lawsuits, and makes a reflection on the current legislation situation of these proceedings. Then author analyzes the necessity of the construction of such procedures, and discusses the possibility of addition of juvenile criminal proceeding chapter.Chapter 2, the basic thought of our juvenile criminal procedure establishment. The specialties of juvenile criminal procedure are the guidelines and principles. This chapter emphasizes in introducing juvenile criminal procedure principles. The author frames the structure of the juvenile criminal procedure from judicial organization of juvenile crime and innovation of juvenile criminal procedure.Chapter 3, the designs of juvenile proceeding procedure. First, the writer introduces and analyzes the special proceeding system of the juvenile criminal proceeding practices, including the defense and proceeding trade system, suitable adult intervention system, appointed defense system, deferred proceeding system, social investigation system, etc. Second, author makes a detailed design for the juvenile criminal proceeding procedure, including the legislation procedure, investigation procedure, prosecution procedure, judicial procedure and execution procedure. At last, the author points out the key word of the article which is the suggestion of legislation on juvenile criminal special procedure. And the Juvenile Criminal Procedure Draft is also enclosed.In the conclusion, the writer emphasizes the need of the constructions of specialized procedures of juvenile criminal proceeding, and the addition of the juvenile criminal specialized procedure chapter, which conform to trend of the juvenile criminal law development and requirement of development of the harmonious society.