On Chinese Juvenile Prosecuting System

Minors are the future of the nation and the CCP and the state have always attached great importance to the protection of minors. Legislation and judicial practice in China adhering to the principle of "education the first, punishment the second" to promote the protection of minors have made great achievements. However, the professionalization of the juvenile prosecuting system have not been given enough attention. Preliminary minors prosecutorial system started in 1986. After thirty years of developments, a basic framework of institutions have emerged. This article focus on the theoretical basis of minors procuratorial system in China and the practical experience thereof. The article is divided into five parts.The first chapter expounds the general objectives of the examination system. Minors shall be essence defining the characteristics of the procuratorial system which thus clarify the particularity of this research's aim. Then, in this paper, the current our country related minors simple combing research status of the prosecutorial system, and points out that minors procuratorial system in China is different from Europe and the United States and other countries and regions of prosecutorial system, the status of the procuratorial organs in our country constitutional framework.The second chapter mainly explains the theoretical basis of minors procuratorial system in China and the value choice of our government. Thoughts regarding juvenile judicial system that originated in Britain, the United States, Germany and other countries has experienced from the protection to the responsibility of shift, and implement based on protection and due process rights of attaches great importance to the protection of minors, serious crimes involved to undertake the corresponding punishment. China's monarchy era "T-shirt young" thought is the Confucian thoughts in the judicial application, but the base theory and the contemporary construction of minors is not the same. At the present stage in our country should pay more attention to the protection of minors in the procuratorial work theory, the correction of long past traditions. To strengthen the protection of minors and the constitutional requirement for minors special protection value, beneficial to realize the maximization of the children's interests of minors protection legislation in our country and international legal norms constitute based specification of minors procuratorial system in China. And the particularity of minor crime, the hysteresis of procuratorial system in China to establish the realistic foundation of minors procuratorial system in China.The third chapter will give some descriptions of the current practice. The long-term exploration of minors procuratorial system in China has made significant achievements, including the Shanghai People's Procuratorate as the national first level 3 minors procuratorial system of provincial units in particular. The city in the minors of the procuratorial organization configuration, function location, working mechanism and so on have significant experience. In hubei province in promoting the minors in procuratorial work at the grass-roots level, to implement the new points to modify idea, to carry out the crime prevention and social comprehensive management level and made great achievements. But should not be ignored, the procuratorial work still has many problems need to improve in our country. Based on this, draw lessons from foreign experience is of great significance. This article selects the United States, Japan and Germany and other countries of the minors on the historical evolution and function of procuratorial work, think that China's procuratorial organs shall in the juvenile judicial work case distribution function, through legislation to give the first right to debate.The fourth chapter mainly suggests that our country should continue pushing forward the construction of the minors procuratorial organizations and the juvenile criminal prosecuting system.In the last chapter, a number of new perspectives of several specific prosecutorial systems will be analyzed, and I will point out the problems existing in the implementation in our country, hoping to draw lessons from foreign experience and to promote our system.