| The juvenile criminal case applies the basis of legality and rationality of the confession and punishment system.It provides a more convenient procedure for procedural simplification and entity lenient for juvenile criminal cases,and also deepens the juvenile justice.The principle of being lenient.How to make guilty pleas and penalties better apply to juvenile criminal cases,and in practice,what kind of procedural standards should be followed by the judiciary in order to make guilty pleas and confessions to be fair and just in the application of juvenile crimes.Based on this topic,this paper comprehensively analyzes the problems and deficiencies of the crimes of juvenile delinquency in the application of juvenile crimes in China,and puts forward the perfect opinions on the application of juvenile criminal cases in the lenient system and the protection of the rights of the litigants.Related supporting measures.The paper can be divided into four parts:The first part,the particularity of leniency system of admission of guilt and punishment applicable to juvenile criminal cases,explains the difference between the application of leniency system of admission of guilt and punishment applicable to juvenile criminal cases and adult criminal cases.The leniency of admission to admission and punishment in juvenile criminal cases not only has the characteristics of its own juvenile criminal cases,but is more special that the leniency of admission and punishment in juvenile criminal cases is not applicable to the procedure of quick adjudication and there is no need to sign the confession and admission and punishment letter.The second part,a minor criminal case applicable pleaded guilty to forfeit their main problems from the system,through the instrument network 43 referee the empirical study of the documents,data analysis,it is concluded that the current judicial practice,the minor criminal case applicable pleaded guilty to forfeit their problems from system: from the amplitude is not clear and sentencing is differ,probation applicable rate is low,the victim understanding agreement sentencing influence is too big,these problems can be solved and perfected.The third part,investigation and analysis of extraterritorial law,introduces the relevant formulation of the application of plea negotiation for minors abroad,and explores the current situation of the application of consultative justice in criminal cases of minors outside the territory.And to carry on the comment analysis to its,the place outside the relevant regulation system can draw lessons from to our country.The fourth part,the perfection of leniency system of admission of guilt and punishment applicable to juvenile criminal cases,proposes to expand t he scope of summary procedure applicable to juvenile criminal cases,unify the leniency range and standard of sentencing,improve the application rate of probation and strictly limit the sentencing effect of the victim’s understan ding.To protect the minor accused’s right of repenting and appeal,the victi m’s right to know and dissent,and the role of defense lawyers and duty lawyers.Finally,through standardizing social investigation,improving communi ty correction,further clarifying the appropriate adult attendance system,and improving its supporting system,the juvenile criminal cases can be better ap plied to confession and punishment. |
