Study On The System Of Juvenile Criminal Justice

Currently, China society is undergoing social transformation and a new stage ofthe value of diversity, social contradictions is evident, juvenile delinquency situationis still severely. Concentrated expression is more younger-age crimes, involving newcrimes, gang crime and violent crime increased obviously.From the overall trend of international punishment for juvenile delinquency,light punishment and decriminalization are increased. According to the physical andmental characteristics of minors, there are special provisions to protect minors in allstages of the criminal justice. After decades of development, a basic policy onjuvenile delinquency "education, persuasion and redemption" has been formed inChina as well, the Public Security Office and the Judicial Department haveaccumulated some experience in the process of handling cases and explore somemethods not only good for criminal juvenile but also good for society according tominors characteristics. However, there are problems in varying degrees in thelegislative or investigation, prosecution and the trial stage etc. which need to befurther solved and perfected. This paper focuses on the current existing problems ofthe crime justice system of juvenile delinquency in China and proposed a series ofmeasures to improve juvenile crime justice system.Text of this paper including three parts: The first part analyzes the basic situationof current China juvenile crime justice system. Part II analyzes the current situationand existing problems of each stage of criminal proceedings on China crime justicesystem. From the legislative point of view, there’s no special juvenile criminallegislation till now. Whether the minors are applicable to life imprisonment, whetherit is the main eligibility recidivism, whether the system of destroy the criminalrecords on juvenile should be established is a big controversial issue. Seen fromcriminal proceedings, the slow process of investigation specifically in theinvestigation stage, lack of protection on the rights of minors during questioning, thecoercive measures are improper;"less catch","careful catch" principle has not beenproperly implemented during prosecution stage, juvenile delinquency with condition non-prosecution system also needs to be further implemented; juvenile delinquencyshould be probated and non-custodial sentence during trial stage all need to befurther improved. The third part mainly introduces the United States, Japan, Germanyand other countries successful experience in juvenile crime aspects of criminalproceedings to us for learning when solving these problems. And a series ofimprovement measures was proposed base on the international best practicesaccording to the summery of the second part in the fourth part.