A Design Study On Juvenile Criminal Judicial System

Juvenile Criminal Judicial System is a system which the nationaljudicial organ (a juvenile court) makes to juvenile criminal subject forthe criminal justice system in accordance with the law. It is an importantcomponent of the national judicial protection system, and an importantcomponent of the court judicial system. The judicial procedure of juvenilecriminal case is the key stage of proceeding.My probe of the juvenile criminal cases handled by the judicialorgan in recently years makes me deeply feel that our country shouldestablish and strengthen the juvenile criminal judicial system as soon aspossible due to the current serious juvenile delinquency situation. Thisjob is mainly concerned with the future strategic trends of the juvenile criminal judicial system and development direction of the domesticjuvenile judicial system. Accordingly, the author will roughly probe intothe new channels and new ways of the juvenile criminal judicial systemunder new circumstances theoretically and practically and conductrelevant design studies on its working model and operation system.The paper is divided into five parts.The first part is to point out that the internal driving power ofestablishing the juvenile criminal judicial system is the objectivefoundation and theoretical basis, i. e. the continual reform progress of thejuvenile judicature, the remaining serious domestic juvenile delinquencysituation and the judicial criminal judicial system. The author believeshe must hold the concept that the three procedural values of order, justiceand efficiency can be coordinated with each other while conducting thedesign studies, he must submit himself to criminal procedure law whichcontains the dual litigation requirements of punishing the crimes andprotecting the human rights and unification of protecting the juvenileinterests and social welfare.The second part, compared with the guidelines of juvenile criminaljudicial system, Juvenile Law and independent judicial organs,jurisdiction area of juvenile criminal cases, judicial method of juvenilecriminal cases, judicial procedures of juvenile criminal cases and punishment method of juvenile criminal cases, the author analyzes thebeneficial methods in this respect in developed countries and theinadequacy of our juvenile judicial system, and points out the urgency toimprove the juvenile judicial system.The third part is to discuss the supporting conditions of setting upthe juvenile criminal judicial system and further guarantee the effectiveestablishment and normal operation of the system for inside and outsideenvironment. Viewing from judicial practice and future developmenttrends, gradual perfection of the laws and regulations are the legal basisof its development, the theoretical creation and scientific results are thetheoretical foundation of its development, while theindependently-established law-enforcement agencies and the completelyspecialized teams are the organizational guarantee of its development andthe formation of mutually cooperated legal system is its outer developingenvironment.The fourth part, on the basis of juvenile judicial experiences, theauthor creates a framework of juvenile judicial system, which has itsspecial contents and methods at all stages of criminal judicial. Theframework can also be used to correct individual activities and preventcrimesIn the last part, the author proposes her own views on how to further perfect the juvenile criminal judicial system and show off bold concepts.On one hand, there are no entity law, procedural law and punishment lawspecifically applying to the juvenile criminal cases in our country, on theother hand, the current laws and regulations are short of accordingstipulations on how to effectively protect the lawful rights of the juvenilefrom the entity to the procedure, which in some sense brings negativeimpacts for the system design. On these grounds, the author will boldlyuse the good experience of foreign countries for reference and make apreliminary imagination of future development trends of the systemaccording to its existent difficulties and focal points based on the designstudies.The author thinks, the development of the juvenile criminal judicialsystem is one part of the overall efforts concerned with the developmentof domestic juvenile judicial system. Its development requires mutualcooperation among judicial organs in the legal system as well as properleadership between judicial organs and juvenile social protectionorganizations, which will gradually establish the system of preventingand decreasing juvenile delinquency.