Research On Juvenile Criminal Pretrial Procedure

One of the problem which the legal profession always concerns is the problem of juvenile offender's protection. And the law researchers also focus on the juvenile justice process. China started the amendment of the criminal law in1996.The trial stage was the key point of the modification, However, in fact, the pretrial procedure is very important for the criminal litigation system. Unreasonable pretrial procedure will make the trial procedure more trouble, Also for the juvenile criminal cases, the juvenile criminal pretrial procedure also plays an important role in juvenile offenders. A perfect juvenile criminal pretrial procedure is very important for the future physical and mental development and social regression of juvenile.Juvenile offenders in the community is a group of relatively disadvantaged part which has a extremely weak in the protection of the rights. The society should give them special care and protection in the juvenile criminal pretrial procedure. Juvenile criminal pretrial procedure, as the first procedure adolescents undergoes in litigation, the designing and perfection of criminal litigation pretrial system is related to adolescents. The improvement of the juvenile criminal pretrial procedure is to make the case avoid entering the pretrial procedure or even enter the trial procedure, based on the special characteristics of physical and mental health of adolescents, try the best to end cases as soon as possible in the reason of the juvenile protection and produce less effects on the teenagers. The designing and perfection of juvenile pretrial procedure should be based on macroscopical and the microcosmic angle. From the macroscopical point of view, mainly reform from the concept of protection of juvenile, strengthen the protection for juvenile offenders, and integrate the existing law based on the present legislative situation. From the microscopic point of view, in the design of the specific system of the juvenile pretrial procedure, the perfection is to give the teenagers a chance after the crime.The paper begins with a case, leads to the juvenile criminal pretrial procedure of thinking, main from four parts to describe, the first part is mainly an overview of juvenile criminal pretrial procedure problem, analyse the juvenile what special where, why to separate on juvenile criminal pretrial procedure is studied, the pretrial procedure theory is formed, and the juvenile criminal pretrial procedure research significance. The second part is mainly on juvenile criminal pretrial procedure, comparative study, first at present there exist the juvenile criminal justice system fundamental pattern undertake simple analysis, different basic mode will produce different pretrial procedure, after the national juvenile criminal pretrial procedure carries on the contrast analysis, draw foreign juvenile criminal pretrial procedure some of the features and on what China enlightenment and draw lessons from a meaning. The third part mainly analyzes China's current juvenile criminal pretrial procedure in the presence of various issues. In the aftermath of the fourth part is the prior to the existence of various problems put forward some solutions. Is the last part of the juvenile criminal pretrial procedure are summarized and some perspectives of reform.