| This dissertation deals with juvenile criminal trial system, consisting of forwards and three chapters.It is uniform belief in China and the whole world that they are obliged to protect juvenile. As for criminal justice procedure, it is one of Union States juvenile criminal justice fundamental principles to grant juvenile special protection by law. Today China sees juvenile criminal rates is increasing continuously, but also sees that the system and research regarding it lags behind. It is confronted with us to resolve the contradiction in order to on one hand to carry out children maxim benefits principle, on the other hand keep social peace and order. For so reason, the research on the juvenile criminal trial procedure is of significant; which is represented not only practically but also in theory.Besides the forwards as above, there are still three chapters. Among them, the first chapter is co centered on the subject who is competent of trial of juvenile involved in criminal activity, which concerns three questions as follows: the first is related to trial court. The ways how to constitute juvenile trial court in different systems directly reflect the essences of their fundamental fabric and operation mechanism respectively. As for international level, juvenile trial court represents three points in common, this is to say, detachment of juvenile trial court from general trial court, complexity of the forms of juvenile trial court and the occurrence of adult trial court that have jurispentence on juvenile trial cases. These points are determined by two ideals, one called special protection of juvenile, the other different treatment. In China, the constitutions of juvenile trial court are similar to international points in some aspects, for example, detachment of juvenile trial court and limited jurisdiction by adult trial court, and so on. But there are important differences. As the competence of jurisdiction is concerned, based on present condition of juvenile trial court in China and the experiences and lessens derived from practical operation for more than twenty years, at the same time combined with international common methods and advanced ideals, the dissertation suggests improving the organ of China juvenile trial court from the three views as below: at first, the quantity of detachment of juvenile trial court needs putting forward, secondly, competence of jurisdiction by juvenile trial court needs refreshing, and at last the power to trial juvenile should be shared also by adult trial court.The way to build up the panel of juvenile trial should be also explored in the name of the subject of juvenile trial court. Juvenile trial panel is concrete organ which conducts juvenile cases and is attached to juvenile trial court. Ground on UN papers related to juvenile justice and most nations legislations, the paper concludes that international juvenile criminal trial panel have four characters; i. e. 1)the panel is only charge of juvenile case, 2)the form s of panels are complex, 3)the panel consist of professionals, 4)and the professionals come from diverse domains. Compared with these international rules, and considering concerned laws and practice in effect, China's juvenile trial panel needs reform according to the rules as above, which includes: 1)juvenile is only charge of juvenile case, 2)the forms become complex, 3)arbitrator is only exception to panel, 4)the panel is as much as constituted with professionals, 5)and the quality of professionals should be defined clear and rationally.At last, the first chapter deals with the function of juvenile trial panel which means its responsibility and power for the purpose of trial of juvenile. For over one century, on most nations, the function have evolved by reason of addition to punishment function: from the sole role to protect juvenile to dual roles between which, protection is principal and punishment is secondary. The paper thinks there are two questions in this regarding. The first is the function of protection become inferior to that of punishment. The second is after-trial function should be reflected and defined. Aimed at to resolve these questions, the author advises that the function of protection be consolidated and arrange the relation of two functions properly.The second chapter eyes on four basic institutions of juvenile trial procedure. The first one is pre-trial social survey, which distinguishes juvenile trial procedure with adult trial procedure, with the aim to award proper and rational protection to juvenile defendant. By comparison of many kind of pre-trial social survey existing in different nations, the author deduces that the institution have four common points as said below: 1) social survey comes into being as power shared by nation, 2)social survey is separated with trial, 3)the scope of social survey is all round, 3)survey's procedure is non-criminal one. In China, the present conditions are as follows: 1) there are many kinds of subjects, 2)It is discretionary whether to carry on social survey or not, 3)social survey is affiliated to trial procedure, 4) there are many points to be perfected. Considering international rules, the author argues that China's social survey institution should be reformed as below: 1)to make social survey become necessary procedure by law, 2) to make people court become survey subject sole and exclusive, 3)to make the methods of survey become clear by law, 4)to define surveyor's standing, 5)to bring social survey report into perfection.The second institution is division of cases, which is an basic juvenile justice rule accepted by international sociality, because of its representation of the rule of separation of juvenile procedure with adult procedure. The purposes to set up this institution are, on one hand, to grand juvenile special protection and to prevent from unnecessary court containment, on the other hand, by separation of juvenile procedure from adult procedure to avoid juvenile from punishment as severe as adult. Oversea division of case have three model: absolute division, relative division and discretionary division, where China have not set up the institution. But the paper thinks it is not only feasible but also necessary to establish the institution, further make out scheme as follows: 1) to selection of relative division model, 2)accordingly to set up relative complaint system, 3)to set up combined cases review system, 4) to grant defendant right to apply for division of cases, 5)to enact rule related to combined cases, 6)to establish rule to protect juvenile in undivided cases condition.Proper juvenile participation is a third institution, which comes into effect worldwide, based on recognition that this is an important part to protect juvenile benefits. Comparative research shows that there exist four common points in today world. 1)It is protective measure. 2)It is right shared by juvenile. 3)It serves as due procedure. 4)It is responsibility beard by government. In China, defendant legal representative participation is similar to proper juvenile participation. Compared with the latter, there are some defects, for example, confusion of basic definitions, change from right to duty, the undue proportion of right and duty, and so on. So the author suggests five reforms as below: 1)to perfect public proper juvenile participation, 2)to establish the order of proper juvenile, 3)to define proper juvenile's right and responsibility, 4)to set up rule governing loss and recovery of proper juvenile standing, 5)to establish safeguard system related to proper juvenile.The last institution involved in this chapter is trial not to public. This institution has become UN rule for long time and been accepted universally. It serves as to prevent juvenile from second harm by virtue of trial to public and to make juvenile return to society smoothly. But at the same time, the adverse effect is apparent, so many legislations set up the limit on trial not to public. In China, although this institution has been established, it need adjusting and revising: 1)not to read award in public, 2) to extend trial not to public to all juvenile case, 3)to allow defendant to apply for trial to public, 4) to define the scope in which the information is forbidden from discovery, 5)and to establish punishment system accordingly.The third chapter mainly makes research on the methods of juvenile trial. In this aspect, the circumstance of court room is worth consideration. the principle of arrangement of circumstance should be sub ordinary to special ideal, and put attention to compatibility with juvenile trial. And the scope conveys courtroom array, courtroom clothing, juvenile separation safeguards, courtroom hammer, irons and so on, which are stipulated clearly and in detail not only in continental law system but also in angle-American law system, and are distinct from adult, s because of not application of law governing adult's. The author thinks that the array of court room applicable in adult cases is not suitable for that of juvenile's, and should be reformed based on conception to arrange court room in conformation with juvenile age, which means if defendant is over 16, the adjusted court room is applicable, if below 16, elastical forms court room is admissible dependent on objective conditions. As clothing is concerns, if juvenile is over 16, judge, prosecutor, lawyer and policeman should be in uniform in principle, if juvenile is below 16, they may not be in uniform, but should be in good wear. Besides these, establishment of juvenile separation safeguard ought to be on agenda, and the rules of court hammer and irons should be made out.The another question of this chapter is method of juvenile trial. The international tendency have two comparatively apparent charters. One is non-standard, which is equable to non justice procedure, the other is authorative, which conveys judge's leading role. these two points are exterior tokens and essential points which distinguish juvenile trial method with adult's. The former is represented from two aspects: firstly, it is soaked with children welfare ideal, secondly, its procedure is informal. The latter requires judge control and command juvenile trial, and select proper procedure according to conditions in order to save juvenile from crime as best as possible, whereby it go beyond finding of fact positively.The methods of trial in China is the important point and aim. At present, there are two models to explain the methods: one called authoritive and non-stanard, the other mixed's, but in general, the existing model is grounded on adult trial methods, and does not pay attention to its individualities as much as possible, with the result that it cannot satisfy the need of juvenile trial. The author suggests reform as follows: 1)to establish advisement of right system pre-trial, 2)to extend scope of finding to all round, 3)to grant judge power to decide case for the purpose of individualization of procedure, 4)to establish the rule of participatant tempory absence from trial, 5)to set up after-decision meeting rule and to bring it to perfection, 6)to establish mediation system in order to mend social relation essentially.
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