Study On The Criminal Judicial Protection Of The Rights Of Minors In China

The protection of the rights of juveniles has always been a hot and difficult issue in criminal justice practice.In the process of development,it also faces the challenge and impact of adult legal thinking and the theory of adult criminal justice.Therefore,criminal justice should be emphasized in the criminal justice process.The special nature and necessity of protection and perfect criminal judicial protection of the rights of juveniles protect the physical and mental health of juveniles,prevent juveniles from re-offending,help juveniles return to society as soon as possible,and adapt to the criminal judicial protection of the rights of international juveniles.The development trend is of great significance.At the legislative level,China amended the"Criminal Procedure Law of the People’s Republic of China" in 2012,including the addition of a special procedure for juvenile criminal cases,which opened up new ideas for the protection of the rights of juveniles,reflecting our country’s juvenile delinquency.The special protection of people is more conducive to the rehabilitation and reintegration of underage criminals.However,at the judicial level,there are still many drawbacks in the protection of the rights of juveniles:the disclosure of the privacy of juveniles,the presence of suitable adults in the field,and the inability of juveniles to defend their rights.The main causes of the above problems in judicial practice are the law enforcement officers’ deviation in law enforcement concepts,ineffective implementation of the criminal record storage system,unclear appropriate rights and obligations of adults,low quality of legal aid,abuse of media oversight,and so on.There are many lessons that foreign countries can learn from in protecting litigants’ rights and substantive rights.As the earliest juvenile justice system in the United States,its protection of juveniles follows the concept of national parental rights and has established an independent juvenile law system and an independent juvenile justice institution.In the long-term judicial practice,France continues to explore the mode of participation of public power,and from the "protection mode"and "autocracy model" to explore a "mixed mode" in line with their national conditions.Germany implements its unique VOM system and further improves the juvenile justice system by intervening in criminal mediation by private agencies.As the country that first produced legal aid,the perfect legal aid system in Britain is the object that all countries are striving to emulate.All of these have profound implications for the criminal judicial protection of the rights of juveniles in China.The corresponding countermeasures to improve juvenile justice protection in light of China’s national conditions include strengthening the concept of protection of juveniles,standardizing the system for confining criminal records,clarifying the rights and obligations of adults,raising the quality of legal aid,and clarifying the boundaries between the media and the judiciary.Adults’ rights in criminal justice activities are not violated.