| The delinquent juveniles choose to apply the system about confession of guilt and leniency of punishment,which means they renounce some rights such as innocent defense.Therefore,the delinquent juveniles’ remaining rights should be guaranteed naturally.However,there’re few provisions on the guarantee of the delinquent juveniles’ rights,that result in various problems in judicial practice.The system about confession of guilt and leniency of punishment should be treated dialectically,we can not only see the advantages of its efficiency on handling cases and reducing the litigant burden of the delinquent juveniles,but also pay attention to the real damages and potential risks brought by the application of this system to the protection of the delinquent juveniles’ rights.This article is going to analyse how to provide better protection of the delinquent juveniles’ rights in the system about confession of guilt and leniency of punishment.This article is divided into the following parts:The first part.Which kind of rights should be guaranteed in this system and how to guarantee these rights.These two factors constitute the connotation of the protection of the delinquent juveniles’ rights in the system about confession of guilt and leniency of punishment,and it’s the research basis of this article.To protect the rights of the delinquent juveniles in the system about confession of guilt and leniency of punishment can transform the concept of juvenile justice and assist the delinquent juveniles in repentance.The second part.Compared with the adults,the delinquent juveniles have weak awareness of rights and insufficient awareness of rights protection.Moreover,in order to chase the efficiency in handling cases,the judicial authority often neglect the attention to the rights of the delinquent juveniles.The application of the system about confession of guilt and leniency of punishment also has some adverse effects on the delinquent juveniles’ rights.But the delinquent juveniles’ plasticity is strong,that means they are easy to reform.These factors determine the necessity to guarantee the delinquent juveniles’ rights in this system.The third part.The shortcomings of the protection of rights focus on the following aspects.The current scope of application is not rigorous enough and the conditions for starting procedures are not detailed enough.There are also many problems in the right to obtain the legal aid.There is a lack of special provisions on the sentencing of the delinquent juveniles,and the application of sentencing recommendations is also insufficient.In addition,how to remedy the confession of guilt,punishment and repentance is also a blank area of the law.The last part.Give corresponding suggestions to the above questions.On the basis of the original scope,a more reasonable scope of application is determined by combining misdemeanor and felony,subjective malignancy and social harmfulness of the delinquent juveniles.Re-clarify the connotation of the starting conditions of the procedure and clarify the conditions that the starting procedure needs to meet.Pay attention to the protection of the delinquent juveniles’ right to legal aid.Further improve the provisions on sentencing of juvenile cases to ensure the operability of the system and the enthusiasm of juvenile confession and punishment.Providing how to exercise the right of remedy after repentance and ensuring the operation of the system about confession of guilt and leniency of punishment. |
