A Study On Juvenile Criminal Proceeding

Criminal judicial procedure on juvenile,with the purpose of protecting the juveniles,is a kind of special criminal proceeding in order to adapt to the particularities in the body and the mind of the juveniles.At present, China has not yet established national legislation of criminal judicial procedure on juvenile.Therefore,the current juvenile criminal justice process is mainly based on the judicial interpretation of the judiciary.As a matter of fact,these interpretations played an important role in our juvenile justice process though there are still some deficiencies.Hence, much more efforts need to be exerted to meet the international standard or to become a country under the rule of law.The paper here explores into the models,the rationale,value orientations,basic principles and systems, as well as specific procedures of the juvenile criminal justice process for the purpose of perfecting its legislation and relative systems.The thesis, through the comparative research method,analyses China's relative ongoing pilot reform based on the specific national conditions.This thesis consists of seven chapters.Chapter one mainly introduces the concept of juvenile and juvenile delinquency around the world and particularly points out China's interpretations of the relevant concepts. Meanwhile,a brief introduction to the development of legal thought,the legislation trend and the characteristics of the criminal judicial processes on juvenile is also given in this section.Chapter two focuses on the comparison of various juvenile criminal justice procedures.In this chapter,the author probes into the international standard of the juvenile criminal justice through the analysis of several countries' procedural models,such as the American arid Germany juvenile court model,the Scandinavian child welfare board model and so on.As a conclusion,the author stated that there is certain common development trend shared by these judicial procedures.Chapter three is the theoretical basis and value orientation of juvenile criminal proceeding.Three bases are discussed in this section:the national parental rights theory;the special protection theory of "Children should be persuaded rather than punished" and the modern education criminal penalties theory based on positivism.Meanwhile,through the comparative analysis of juvenile criminal proceeding,the author concludes that the fundamental value orientations are:protecting the dignity and freedom of the juvenile;stressing the happiness of the juvenile;focusing on the future of the juvenile;pursuing the real justice;double protection from both the family and society and advocating the harmony justice,followed by some relative interpretations and conclusive statements.Chapter four is the macro blueprint of China's juvenile justice process, mainly including the basic purpose,principles and systems as well as the perfection of specialized organizations.The basic purpose is to implement the policy of "education,reform and rescue".The basic principles are: double protection principle;the principle of the reduction of judicial intervention;non-public trial principle;the principle of rapidness and simplicity of procedures.And the basic systems consist of Social Survey system;suitable adult system;defense system and judicial rotating system. So in this chapter,the concept of these principles and the system,the content,the theoretical basis and forms are what the author mainly concerns about.The last three chapters introduce the specific procedures under the macro blueprint of the juvenile judicial process.The author researches on pre-trial procedures,the trial procedures and the procedures for implementation respectively.In each procedural stage,representative and heatedly-discussed juvenile justice issues are selected as illustrations to study on.Chapter five:pre-trial procedures.Pre-trial procedures include the investigation and review proceedings.In investigation proceedings,the author probes into the filing,summons,questioning/inquiry,detaining and releases on bail and the segregation of investigations.The system of meeting,the points system,non-prosecution system and suspended prosecution in review and prosecution proceedings are also discussed in detail in this chapter.Chapter six:Trial system.The research includes the trial organs;the appropriate atmosphere in juvenile trial;the protective system in juvenile trial;education in the juvenile trial and the suspend judgment system.Chapter seven:The phase of execution.The main issues are concerned with the purposes and principles of implementation,the execution of imprisonment,community correction system,the abolishment of criminal record and restrictions on public trial.