| Juvenile delinquents are treated by compulsory measures of detention in China.This measure is not only related to the right of personal liberty of juvenile delinquents as a vulnerable group,but also tends to result in cross infections within juvenile delinquents under some certain circumstances.In China,the protection of the rights and interests of juvenile delinquents in custody has been constantly improved.In order to better promote the censorship of juvenile detention review,it is necessary to conduct a further research on the detention review of juvenile delinquents.In the first part of this paper,the author introduces the concept of detention review and its significance.In the field of criminal justice,juvenile delinquents mainly refer to those who have reached the age of 14 but not the age of 18.Juvenile detention screening refers to the supervision activities conducted by the People’s Procuratorate on the basis of certain substantive standards and procedures to examine whether the juvenile suspects and defendants should continue to be subject to compulsory measures of detention during the period after they are arrested and before the criminal judgment takes effect.This is a procedure investigating on the rationality and the validity of continued detention.It includes the detention review at the beginning of the arrest and the necessity of detention review after the arrest,that is,the review of all pending cases.Besides,a standard detention screening contributes to protecting the right of personal liberty of juvenile delinquents and also improves the exclusive judicial proceedings of juveniles.In the second part,the author introduces the status quo and problems of juvenile detention review in China.First,relative legal provisions and the implementations are stated.Then,the author points out some major problems we are now facing,including the lack of contents and standards of censorship,the undefined social investigation reports,the unclear methods of the review,and the disappearance of the right relief in the process of detention review.In the third part,on the basis of drawing enlightenment from relevant regulations in Germany,Japan,Britain and the United States,the author summarizes some strategies which may improve the regulation of juvenile detention review in China,including the judicial hearing procedure,multiple alternative measures of custody,diverse participants,investigation report and risk assessment system,time limit of detention review,and so on.In the fourth part,the author proposes some suggestions for the improvement of the juvenile detention review in China.First of all,the content of censorship should be distinguished from adults,and the suspect may be sentenced to more than three years of fixed-term imprisonment.Moreover,the participation of social education institutions should be taken into full consideration when reviewing the elements of social danger.Second,the review standard should be set as countering on the preponderance of the evidence.Third,social investigation reports should be taken as requirements of the detention review.The Public Security Organization should be determined as the main body who gives the report and the contents of the report should be specific.Besides,it is suggested to adopt the method of judicial hearing,making requirements on the subject of the review,the scope of the case,the starting method,the participants,the content of the hearing and so on.Finally,it is proposed that the parties should be given the right of relief in the process of review to achieve the equality and to safeguard the right of personal liberty and litigation of juveniles involved in the crime. |
