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Application Of Character Evidence In Juvenile Criminal Cases

Posted on:2016-08-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y F QuFull Text:PDF
GTID:2296330479988126Subject:Law
Abstract/Summary:PDF Full Text Request
Character evidence is an important law of evidence. There is no relevant provision in our national law of evidence, but special provision to protect minors is included in some part of the legal texts of minors in criminal cases. These provisions in the criminal justice practice apply the character evidence. For example, during the investigation stage in a criminal case, the personal danger and social harm are used to measure the likelihood of recidivism. During the prosecution phase, breach of the conditions attached to minor non-prosecution system is not prosecuted. During the trial of cases, character evidence of crime or juvenile defendant, the introduction of social investigation report, psychological assessment of the juvenile defendant are used to distinguish sentencing. But the problem is that the basis for the existence of these systems cannot be supported by the theory of legislation, that is, character evidence to minors as an important basis is lacked.Essence of character evidence to minors should study how to identify correlations between character evidence and the case and apply good or bad character evidence. These are the foundations of character evidence which can be accurately applied and the foundation of some special regime in minor criminal cases. These should focus on legislative norms to apply to minor character evidence. For this reason, it should learn from the extraterritorial character of the relevant provisions of the relevant evidence, combining with our judicial practice, to make a basic understanding of the concepts of character evidence, evidence of good character and bad character. Also it should make more uniform regulations on character evidence and criminal cases involving minors, and accurately distinguish the role and guidance of character evidence. At the same time the system needs to be combined with the implementation of the relevant supporting auxiliary minor character evidence, which is investigating the system supporting systems, litigation and other litigation philosophy and changing patterns of some of the list of questions to establish the formation of a systematic process of judicial operation.This article is aimed at the basic meaning of character evidence as evidence of the existence of the type and the analysis of rationality as the starting point of its theoretical basis, in order to study the legislative and judicial status concerning minors of character evidence and analyze legislative principles stated in its application and reasonable factors. Then the correct rules should be designed and the measures should be improved polish the minor character evidence, achieve the specification and ensure the basic procedural rights of juvenile suspects, reach transformation of education and punishment of probation target minors, guarantee a fair criminal justice process.The first chapter will introduce the basic theory of juvenile delinquency cases, including the need for analysis of the character evidence brief and minor criminal cases.The second chapter will talk about the relevant provisions of character of the minors in criminal cases evidence at this stage to start analyzing the status as well as some cases of its application, the relevant provisions and cases which analyze the current situation.The third chapter will include the problems of investigation, prosecution, trial and execution in minor criminal cases.The fourth chapter will solve the issues raised in the third chapter through learning about the extraterritorial application of the method, appropriate solutions and support providing programs to ensure the juvenile delinquency cases in the correct application of character evidence.
Keywords/Search Tags:minor crime, character evidence, judicial application
PDF Full Text Request
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