Research On The System Of Suitable Guarantor For Minors In China

With the continuous progress of our country’s rule of law,the gradual popularization of social legal publicity and the intensifying of people’s concept of the rule of law,The basic principles of "education,influence and rescue" and the principle of "giving priority to education and supplemented punishment" have gradually become popular.The mitigation of punishment for minors involved in crime has become a consensus in juvenile judicial community.In the sixth chapter of the criminal procedure law,the way of bail pending is limited to two ways of providing guarantor and paying deposit.However,in the practice of our country,the special group,which is a non-local registered permanent residence,is a special group of persons suspected of crime in the local area,that is,a special group of foreign related crimes.There are problems with the low rate of application for bail pending trial and most of them take custody measures.The emergence of this problem is not conducive to the realization of special protection for minors in China,nor is it conducive to the implementation of criminal procedure in China.In recent years,the procuratorial organs of our country have explored and established a suitable guarantor system in practice,which is an important and innovative measure to reduce the detention rate of the juveniles involving foreign crimes and reduce the workload of the judicial department,and provides an innovative guarantee for the immigrant juvenile involved in the equal application of the bail pending trial.It is of great significance to return to the society normally in the future.This article is divided into four parts.The first chapter is the general overview of the appropriate guarantor system from two aspects of concept and characteristics,and then analyzes the basic theory and legal value of setting up a special system for the guarantor of the juvenile involving the crime of crime.At the end,it is not only from the basic laws of the minors at home and abroad,but also from the protection of the minors themselves.The right guarantor system is of great practical significance even in the direction of the reform of the whole criminal litigation and judicial system in China.The second chapter lists the relevant systems abroad,such as the guarantor guarantee in the UK,the American professional bail,the German help and judicial investigation and the protection observation system in Japan.By introducing the different systems of foreign countries and understanding the current international correction mechanism for minors,the local characteristic system is established on the basis of the national conditions of our country.The third chapter generalizes the appropriate guarantee system for minors in China’s procuratorial organs,and finds out the shortcomings that need to be improved.Through the cases in Shanghai,Beijing and Jilin,the problems are summarized as follows: The top level legislative system is too general,and the national unified legal provisions are not established;the appropriate guarantor’s subject scope is narrow and the standard is vague;the right,obligation and responsibility of the appropriate guarantor are not clearly stipulated.In addition,different from the physical and mental characteristics of adults,the crime behind the juvenile delinquency is a complex family and social problem,which requires the participation of the social personnel,but the current social system mechanism is too scattered and lack of cohesion.The fourth chapter is based on the shortcomings of the defects of the suitable guarantor system for the minors in the first three chapters.On the basis of the experience of different countries in foreign countries,the proposed measures to improve the system of the appropriate guarantor of the minors in our country are proposed,from which the system will be legislated,the scope of the owners are expanded,the rights and obligations and the obligations are made.Responsibilities are constantly refined,and effective links with relevant supporting social systems are put forward to propose appropriate measures for implementing the guarantor system.