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Improvement Of The Criminal Proceeding Of Juvenile Delinquency

Posted on:2011-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:J SuFull Text:PDF
GTID:2166330332967205Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, juvenile crime rates generally show a rising trend year by year and the crime becomes diversified and more dangerous. The spread of juvenile delinquency has become a public hazard to the international community, all nations feel the responsibilities but difficult to deal with. Regulating the juvenile delinquency and criminal justice system currently is the focus point of development of legal systems around the world. The juvenile justice system is considered as an important indicator to measure the legalization and human right protection of certain country. The traditional criminal justice system based on adults is still not completely reflecting the current social needs of handling juvenile delinquency. Therefore, the independent and professionalized juvenile criminal justice should be the necessary construction and development of juvenile criminal justice system.Based on the cases analysis the article illustrates current criminal procedure are not adapted to the local juvenile delinquency and propose the establishment of the special procedures of juvenile criminal perspective at combining theories and judicial practices.The author believes that emphasis of the special procedures of juvenile criminal suspects and protection of legitimate rights and interests of defendants does not mean laissez-faire on the occurrence of juvenile delinquency. The protection of the young and the fight against juvenile crime is still the dual purposes of the special procedures. The construction and improvement of juvenile criminal procedures is that the psychological and physical conditions of juvenile are quite different from the adults. As aimed at juvenile, including juvenile criminal suspects, defendants and victims, juvenile criminal proceedings must be physical and psychological characteristics of the young as starting point to distinct from the widely used in adult criminal proceedings as a special feature of the proceedings. Under the Code of Criminal Procedure the rights of criminal suspects, including adults and minors, but because of its particularity of the young, in some places there is no real protection to the legitimate rights and interests of juvenile. In additional, The juvenile suspects are detained with adult suspects in the same detention center, the same examination procedures, and even throw into the same place to, so that these young people in the so-called reeducation process, may go too farther, and against the criminal proceedings especially designed for the juvenile. If we introduce the criminal proceedings against the juvenile suspect, the defendant's special program at various stages will resolve this result in varying degrees, the better to achieve the purpose of punishment and reeducation.
Keywords/Search Tags:Juvenile Delinquency, Code of Criminal Procedure, The Special Criminal Proceeding, Improvement
PDF Full Text Request
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