On Juvenile Crime Arrest Procedure |
| Posted on:2015-02-01 | Degree:Master | Type:Thesis |
| Country:China | Candidate:T Ye | Full Text:PDF |
| GTID:2266330428955856 | Subject:Law |
| Abstract/Summary: | PDF Full Text Request |
| With the development of society, we can see that the number of minors acriminal offense the increasing influence of increasingly prominent cases, whichhave cause for concern. Juvenile delinquency and adult crime different from crimesagainst minors need to create professional special handling mechanism. I want tocombine the characteristics of the existing juvenile delinquency, to talk about theirviews crimes against minors working mechanism on how to further improve handling.In criminal law, we are the most common crimes suspects on personal freedom isrestricted detention and arrest. There are specific provisions in the CriminalProcedure Law, there are specific provisions in the Code of Criminal ProcedureArticle XII, the “People’s Court, without ruling on any person shall be foundguilty.†In other words, for When the need for “the law has not been found guilty,â€the detention of suspects and defendants, legal sanctions of arrest, must adhere tocomply with the statutory procedures to follow a fair, open and fair manner, takingfully into account and proportionality of sanctions. The Criminal Procedure Lawrelating to detention, arrest, are the main ways of controlling other people’sfreedom of action. The restrictions on its both conducted, it is smooth conduct ofcriminal proceedings and the main way of human rights protection. However, inpractice the detention and arrest, we will find a lot of problems have been solvedfundamentally failed. For example, the abuse of power of detention, prolongeddetention, torture and other problems even during the detention, arrest anddetention led to high rates, and may even be a long-term detention and extendeddetention issues. The root causes of these problems are due to the current system ofdetention and arrest is not perfect, there are serious flaws and vulnerabilities.Throughout the criminal law and therefore the need for better systems to improvedetention and arrest. China’s current judicial practice, to the attention of juveniledelinquency cases are still on trial on the substantive aspects of the specification,while ignoring the procedural norms Attorney links, especially juvenile crime arrestsystem is very Big lacking, ignoring individual differences minors. Therefore, the main characteristics of juvenile delinquency presented, when we deal with, toarrest further improve links to optimize juvenile criminal justice process. |
| Keywords/Search Tags: | juvenile, crime, arrest, procedures |
PDF Full Text Request |
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