Research On China's Juvenile Criminal Trial Procedure

Since the 20th century, a general increase in juvenile crime rate become a widespread social problem around the world. In recent years, with significant increase in juvenile crime in China, more and more juveniles go to the criminal trial procedure with the obviously increased in juvenile crime in China.The particularity of the trial object ask for design criminal trial procedures suitable for juveniles on physically and mentally. In the specific design of the system also should be fully demonstrate the particularity of juveniles. Although we have initially established the juvenile criminal trial procedures, there are still many problems needs further development and improvement. This paper identify problems and deficiencies by study on present situation of the criminal trial procedures, and learn from foreign experience and practice of relatively mature, propose how to improve our juvenile criminal trial procedure.This paper is divided into three parts: The first part introduces the minor elements of the juvenile criminal trial procedure. First, explain the concept of juvenile criminal trial procedure; Second, discuss on the legitimacy of the juvenile criminal trial procedure from several aspects:the concept of special protection of juveniles, the international juvenile justice system and our history and tradition;Third, introduce the basic principles and characteristics of the juvenile criminal trial procedures.The second part introduces the status and problems of the juvenile criminal trial procedure. In a brief introduction to the status of the juvenile criminal trial procedure and emphatically analyzes the problems.These problems including relevant legislation is imperfect, lack of maneuverability, not fully reflect the particularity of juveniles; subject of trial is lack of independence; Non-professional; the problems of trial procedures and personality survey system.The third part is throw out solutions to improve the mechanisms of juvenile criminal trial procedures.Improve the juvenile criminal trial institution and pre-sentence investigation,rational distribute the judicial officers,improve the adjudication method and trial procedure. The establishment of external juvenile criminal trial institution give some practical experience for our county to set up juvenile criminal trial institution with specialization and multiform. Introduce the perfection of the pre-sentence investigation from the position and subject of the pre-sentence investigation, the form of the investigation report, investigator appear in court. Then introduce the improvement of judges the specific requirements and the way of the trial procedure. The recommendations include improve the pretrial procedure, establish a system of pre-court inform litigant rights, establish the system of lawsuit participates in a person leave the court temporary, establish the mediation system of juvenile minor criminal offences.