Research On Juvenile Court System

Since December. 1984, when the juvenile court in Changning District, Shanghai, which is the first one in China came into being, the constructing of juvenile court system has been gone through more than twenty years. Until now, there are totally 2420 juvenile courts in China. The juvenile court system plays an enormous role in the protection of juvenile's interests and the prevention of juvenile delinquency in the juridical practice. The advantages of the juvenile court system are already admitted and welcomed by the society. However, there are also many problems happened in the development of the juvenile court system. It is still necessary for the legislators to improve the juvenile court system into further step. In this paper, the author shall analyze the theory of juvenile court system, which is the most controversial in the juridical area these years, to discover the trends of the juvenile court system in China.In the first part of the paper, the author summarizes the juvenile court system from the aspects of the juvenile' physical and mental characters, the present situation of the juvenile delinquency and the specificity of the juvenile's judicial procedure to intensively discuss the theoretical foundation of the juvenile court system. The juvenile court system in U.S, Germany, Japan and Taiwan District of P.R.C are also introduced in this part for reference.In the second part of the paper, the juvenile court system in China shall be introduced from the aspects of the establishment and development, the major forms and the scope of accepting cases of the juvenile court system.In the third part of the paper, the author analyzes the present situation of the juvenile judicatory from six aspects below:1, The juvenile court has not been confirmed by the relative laws.2, The juvenile legislative system has to be improved into further step.3, The principle of "education, influence and salvation" is not expressed by the current procedure.4, The protection of the juvenile's procedural rights needs to be enhanced. 5, The legal workers of the juvenile court needs to be specialized more toprotect the juvenile rights.6. There are deficiencies in the social investigation on the juvenile court system.The six aspects are the major problems in the juvenile court system and these problems need more social attention.In the last part of the paper, based on the theories which is analyzed in the third part, the author gives his suggestions on the legal and the theoretical improvement of the juvenile court system, the specialization of the legal workers of the juvenile court, the improvement of the procedure of the juvenile crime and the construction of the special juvenile court.