An Empirical Study On The Operation Mechanism Of Juvenile Trial

In recent years,with the promulgation of laws and regulations to protect the legitimate rights and interests of minors,the trial system of all kinds of criminal cases involving minors(hereinafter referred to as "criminal cases involving minors")has been established,and the overall pattern of juvenile trial operation mechanism in China has basically formed.With the efforts of all sectors of society,the number of juvenile delinquency has been effectively controlled,and the number of criminal cases involving minor cases in various regions has been declining year by year.However,at present,there are still some problems in juvenile trial in China,such as insufficient top-level design,lack of procedural legislation,unbalanced development of trial organization,and so on.From the perspective of the operation mechanism of juvenile trials abroad,many countries attach great importance to the comprehensive protection of the legitimate rights and interests of minors,including the prevention work before the implementation of criminal acts and the correction work after the implementation of criminal acts.Many experiences are worth learning and learning.Starting from the juvenile trial practice,under the background of comprehensively governing the country by law and deepening the reform of the judicial system,this paper studies the current juvenile trial operation mechanism of our country with the typical two-level courts of city a as the main research object,and compares and draws lessons from the positive practices of the juvenile trial operation mechanism of foreign countries,with literature review,empirical research and data analysis as the main research Methods,combining theoretical thinking with practical demonstration,we put forward some feasible countermeasures and suggestions for juvenile justice in China.In addition to the introduction and conclusion,the article is divided into five parts.The first part: the basic theory of juvenile trial system.This part first introduces the basic concept of juvenile justice system.Then it introduces the characteristics of juvenile trial system from three aspects: trial principles,scope of cases and judges.Then it introduces the formation of juvenile justice theory from three aspects: the theory of protective juvenile justice,the theory of punitive juvenile justice and the theory of restorative juvenile justice.In the end,the author sorts out the laws and regulations related to the protection of the legitimate rights and interests of minors.This part provides a strong theoretical support for the later empirical research.The second part: the research on the operation mechanism of juvenile trial in foreign countries.This part selects the United Kingdom and the civil law countries in Germany and Japan in the Anglo American law system countries,and introduces the development status,system construction and operation mode of the juvenile justice operation mechanism in these four countries,and extracts the essence of the juvenile trial operation mechanism and extracts the essence of the four juvenile justice trial experiences.Reference.Specifically,it includes: giving the juvenile court "the right to discuss first",broadening the scope of cases involving less cases,expanding the non penalty measures and improving the establishment of social welfare institutions.The third part: the current situation of juvenile trial operation mechanism in China--Taking city A as an example.This part is divided into three parts,specifically including the development process of juvenile trial work in China,the research on the current situation of juvenile trial operation mechanism of two level courts in city A and the social investigation report of juvenile trial operation mechanism in city A.This part first introduces the development of juvenile justice in China.Then through the combination of empirical research and data analysis,this paper objectively explains the current situation of juvenile trial operation mechanism of two level courts in city A.Finally,the social questionnaire survey of the ordinary people in A city in the early stage is presented in the form of a report,in order to analyze the problems and challenges faced by the juvenile trial work in A city more comprehensively.The fourth part: the existing problems and challenges of juvenile trial operation mechanism in city A.In this part,based on the previous empirical research,the author analyzes the problems and challenges faced by the juvenile trial operation mechanism in city A and even the whole country.The problems analyzed include that the independent value of juvenile trial is not generally recognized,the trial principle of juvenile is missing,the scope of cases is not unified,the upper and lower courts are lack of linkage mechanism,the performance evaluation mechanism of judges is single,and the social assistance is not enough.In addition,in the context of the current era of building a smart court,this paper analyzes the three major challenges faced by the juvenile trial operation mechanism in China,including the impact of the principle of non-public trial of minors,the difficulty of sealing juvenile criminal records and the impact of the extension of juvenile cases.The fifth part: suggestions and forward thinking on the improvement of juvenile trial operation mechanism.On the basis of the theoretical support and empirical research,this part puts forward three suggestions on the operation mechanism of juvenile trial in China,including idea change,legislation improvement and path improvement.Specifically,it involves affirming the independent value of juvenile justice system,establishing the principle of maximizing the interests of minors,unifying and moderately expanding the scope of accepting cases,legislating and confirming the jurisdiction system across administrative regions,establishing a unified juvenile justice organization system,improving the performance evaluation mechanism of judges,and doing a good job in the connection between court trial and social assistance.In addition,in the context of the current era of smart court,the future trend of juvenile trial operation mechanism has been given some forward-looking thinking,which specifically involves the combination of "smart service" and "smart management",the strict scope of online trial involving few cases,and the use of large data platform to improve the extension work outside the case.