On The Perfection Of The Minor Criminal Judicial System Of China

There are many new contradictions and problems in the current minor criminal judicial system of China, so it seems more and more important how to more scientifically and rationally perfect the design of the minor criminal judicial system. This is dealt with in the following five chapters of this paper:Chapter 1 is the legislation of the minor criminal judicial system. There is no new breakthrough in the legislation of the minor criminal judicial procedure in the current criminal procedure law. It is suggested that the minor criminal procedure should be used as the special procedure, establish the special chapter to give provisions in the criminal procedure law, introduce the rational contents of the Regulations on Trial of Minor Criminal Cases (hereinafter called the Regulations) put in force on April 12, 2001 and systematically stipulate the minor criminal judicial procedure.Chapter 2 is the minor criminal judicial agency. At present, the juvenile division of our country belongs to an agency in the court and its setup is obviously limited by the administrative divisions. It is suggested that the juvenile court which has the same organizational system with some special courts such as the court for railway transportation, etc. should be established. In the concrete setting, some juvenile courts should be established in the prefectural administrative division or the city with districts according to the minor crimes and other cases. In the instance relations of the juvenile court, no intermediate juvenile court that is equal to the current intermediate court should be independently set up and the appealed and prosecutor-protested cases that are not subject to the first instance of the grassroots juvenile court should be disposed directly by the intermediate court (that is, the juvenile division of the intermediate court).Chapter 3 is the special system of the minor criminal judgment. The first is the social investigating system. The provisions of the Regulations on the varieties of social investigating subjects makes the social investigation not...