On The Juvenile Criminal Justice System Of China

In China, on the perfection of juveniles criminal trial system, has been one of thefocus in the field of science Our country promulgated the new" criminal procedurallaw" established the minor criminal procedure, the establishment of the program, inthe history of development of juvenile criminal procedure system of our country, is ofepoch-making significance. The juvenile criminal trial system in the new criminalprocedure law as the background this paper discusses analysis.The first chapter is a summary of the juvenile criminal trial system. The minorcrime because of its physical and mental immature, is special, so in the minors forcriminal trial process, should be to maximize the interests of minors and beneficial toits future development as the basis, for different from adult special juvenile justicesystem, special protection of minors. Minor principles are: not a public hearing thecase processing principle, teach in the principles, rapid parsimony principle, principle,comprehensive survey. The new" people’s Republic of China Criminal ProcedureLaw"(hereinafter referred to as the" Criminal Procedure Law")fifth series also notopen trial principle, teach in the principles and comprehensive investigation principleprovisions were carried out, all of these show the special protection of minor partiesin china.The second chapter is a horizontal investigation of the juvenile criminal trialsystem. The three kind of common juvenile justice mode for foreign in this chapterreviews, respectively lists a representative countries were discussed, respectively:Germany is represented that the general of the minor criminal cases by the courtaccording to the procedure of "court model",as the representative of the propositionin Sweden the minor criminal cases by the welfare agency to deal with the" welfarerecuperate mode", represented by New Zealand emphasize community and publicparticipation case processing" community participation model". The advantages anddisadvantages of this chapter will be three models were compared with the Chinesesituation, extract in China from three kinds of patterns:(1) set up in Germany has a long juvenile court and the uniform code complete;(2) it has a strong color of theSwedish welfare juvenile justice system;(3) the model of community participating inNew Zealand full of humane care.The third chapter is a insufficient of the juvenile criminal trial system.The new"criminal procedural law" enacted before our and not on the minor criminal casesprovided unique litigation, but scattered in the constitution, criminal law and itsamendments, the criminal procedure law, the law on the protection of minors, theprevention of juvenile crime law and the relevant judicial interpretation ordepartments. The criminal procedure law issued a new series of special procedures inthe fifth chapter opened a minor procedure of criminal case, a total of11articles, inmany aspects, the rich perfection of juvenile criminal justice system, the juvenilecriminal procedure in the legislation is relatively independent, fully reflects ourconcern for the protection of the rights and interests of the minors. The provision setwill make minor criminal cases procedure more reasonable, reflect the humanity, letthe minor crime in the proceedings, recognizing the dangers of behavior, to createfavorable conditions for the start with a clean slate and return to society. But,undeniable, the related system of our country still has some problems, in this chapterI will be on the following issues:(1) analyses the legal system of juvenile criminaltrial system is not complete;(2) minor lack of Criminal Justice Institutions;(3) defecttrial mode;(4) the social survey system;(5) the appropriate adult participation systemdefects;(6) the implementation of difficult legal aid system;(7) it is difficult toimplement the juvenile; criminal record storage system.The fourth chapter is the improvement ides and advanced theory of our juvenilecriminal trial procedure system, by learning from foreign experience, combined withChina’s national conditions, to improve our juvenile trial procedure and relatedsystems, this paper carried out the following ideas:(1) through the establishment ofjuvenile judicial independence, the principle of specific provisions of angle of view,the establishment of a unified juvenile criminal justice;(2) the establishment ofjuvenile courts instead of the juvenile court special trial of criminal cases of minors;(3) by constructing a family of trial mode and the introduction of appropriateround-table trial, the case of juvenile crime in our country’s judicial trial procedures perfect;(4) the fuzzy social investigation system specific provisions;(5) improve theright to adults system;(6) perfect minor crime’s legal aid system;(7) consummate thejuvenile criminal record storage system.