A Design Studies On The Juvenile Criminal Prosecution System

The juvenile criminal prosecution system is both an important part of the judicial protection system as well as the whole prosecution system. Nationwide, as indicated by the practice, Shanghai is one of the practice birthplaces of the juvenile criminal prosecution system of which the generation proves necessary for the growth, reformation and perfection of the domestic juvenile judicial system, the progression of the social legality civilization as well as the development needs of the international juvenile judicial system.My probe of the juvenile criminal cases handled by the prosecution organs in recent years makes me deeply feel that our country should establish and strength the juvenile criminal prosecution system as soon as possible due to the current domestic serious juvenile delinquency situation. This job is mainly concerned with the future strategic trends of the juvenile criminal prosecution and development direction of the domestic juvenile judicial system. Accordingly, the author will roughly probe into the new channels and new ways of the juvenile criminal prosecution system under new circumstances theoretically and practically and conduct relevant design studies on its working model and operation system. This paper will base on the guidelines of combing out, integration, sublation and creation of the past efforts on the juvenile criminal prosecution combined with my own work experience on this job. The objective is to fully act on and implement the policy of"education, persuasion and rescue " and stick to the principle of"education prioritizes the punishment". The ultimate goal is to establish a set of standard, effective and sound juvenile criminal prosecution system that reflects the judicial nature of the prosecution organ and caters to the physical and mental peculiarity of the juvenile.The paper is divided into four parts.The first part is to point out that the internal driving power of establishing the juvenile criminal prosecution system is the objective foundation and theoretical basis, i.e. the continual reform progress of the juvenile judicature, the remaining serious domestic juvenile delinquency situation and the judicial practice of domestic juvenile criminal prosecution system. The author believes he must hold the concept that the three procedural values of order, justice and efficiency can be coordinated with each other while conducting the design studies, he must submit himself to criminal procedure law which contains the dual litigation requirements of punishing the crimes and protecting the human rights and he must emphasize to maintain the cordiality and unification of protecting the juvenile interests and social welfare. The second one is to discuss the supporting conditions of setting up the juvenile criminal prosecution system and further guarantee the effective establishment and normal operation of the system from the inside and outside environment. Viewing from judicial practice and future development trends, gradual perfection of the laws and regulations are the legal basis of its development, the theoretical creation and scientific results are the theoretical foundation of its development, while the independently-established law-enforcement agencies and the completely specialized teams are the organizational guarantee of its development and the formation of mutually cooperated legal system is its outer developing environment.The third one is the key part of this paper. The author will be in line with the entire thinking that the prosecution agency should fully implement the legal supervision responsibilities to strengthen supervision of each link in the juvenile criminal litigation and base on the summarization of municipal judicial experience. Under such circumstances, the author will outline the basic framework of the juvenile criminal prosecution system under new situations, that is to say, making "arrest, litigation and prevention" an organic whole is its working model and operation system, the specific trying contents and methods...