The Study On The System Of Severance Of The Juvenile Criminal Cases In China

The severance of case is an important principle of the juvenile criminal justice. The implementation effect of the principle is directly related to whether the legislative intent can be achieved. In recent years, our country's system of the severance of the juvenile criminal case developed fast. Some local judiciary start to severe the prosecution and trial in the minor and adult joint crime cases. However, as a result of lacking clear and specific legislative guidance, the practices are quite different from each other and some even lack of rationality and legitimacy, which triggered a number of problems. Yet, the academia haven't attach importance to this question. This thesis deals with the basic theory of the system of the severance of the juvenile criminal case and the issues in the judicial practice as well as the solution.This thesis can be divided into five parts:The first part has two aspects: One, induct the concept and the content of the severance of the juvenile criminal case and the relationship between it and the severance of the adult criminal cases. Two, introduce two patterns of the juvenile criminal justice in the whole world: the welfare pattern and the judicial pattern. Then, point out that Chinese juvenile criminal justice is in line with the judicial pattern.The second part mainly makes research on the legislation and other relevant provisions of our country's severance of juvenile criminal cases. The provisions can be divided into three categories: law, mainly are Law of the People's Republic of China on the Protection of Minors and The Law of the People's Republic of China of the Prevention of Juvenile Delinquency; Regulations of China's Supreme People's Court,Supreme People's Procuratorate of China and the Ministry of Public Security; The local regulations.The third part is co centered on the running of the system of the severance of the juvenile criminal case in the judicial practice, and present the Chongqing's and Shanghai's featured practices, point out the benefits or the disadvantages.The fourth part eyes on the issues during the practice of severance and analyze the reasons. The improper severance led to the following questions: First, damage the impartiality of the public prosecution and trial; Second, the defendant's litigation rights have no guarantee; Third, conflict with the civil suit collateral to criminal proceedings and the appeal system; Fourth, damage the proceeding efficiency.The last part is the core of this thesis, it discuss how to perfect the system of the severance of the juvenile criminal case. This part consists of four sections. The first section proposes four ideas to perfect. The second part brings forward four aspects to ensure the fairness of the trial and enhance proceeding efficiency. Then, strengthen the protection of the defendant's rights in proceeding by ensuring the defendant's right of knowing, choosing proceedings and confrontation. The last, propose solutions in coordinating the contradiction between the severance and the civil suit collateral to criminal proceedings and the contradiction between the severance and the appeal.