Study On The China Juvenile Criminal Trial Procedure

The youth is future of one nation which plays an important role in whole society. Along with the social changing, the juvenile delinquency rate raise sharply in recent years which brings a great challenge for our current juvenile criminal trial procedure. The juvenile criminal trial procedure is a kind of special trial procedure due to the particularities juveniles possessed from body to mentality. The Juvenile criminal trial procedure should not only follow the trial in common sense but also carry out some extra social functions such as instructing and saving works .To prevent and decrease juvenile delinquency more efficiently and promote the legal rights more effectively, the establishment and perfectibility of Juvenile criminal trial procedure should break through the restrictions on adult criminal trial procedure theory and acquire its own natures.This thesis first explains the concept of Juvenile, Juvenile delinquency and Juvenile criminal trial procedure, then make clear that the necessity of establishing this special procedure by further discussing its theoretic foundations such as philosophy, sociology and criminal law.Second, several typical foreign countries are choose from the civil law and the common law respectively, through comparative reviewing on the reformation and development of their Juvenile criminal trial procedure in recent years, we can correct our goal and give the right direction to perfect the Juvenile criminal trial procedure in China by using those countries' good experience. In the following part, the thesis mentions the present situation of the Juvenile criminal trial procedure in China. After the introduction of the fundamental principles, for example the combination of trial and instruction, the trial closed-door, the comprehensive social investigation, the juvenile court's settlement is focused on .The course of Common First Trial Procedure in Juvenile court are separated in detail to demonstrate step by step. Although a series of principles and policy had applied in China's Juvenile justice system correctly, there are still a lot of problems.In the last part, some suggestions and measures which can improve the China Juvenile criminal trial procedure are given according to the related problems mention above. We should pay much more attention and strengthen the research on the Juvenile delinquency and Juvenile criminal trial procedure for the trial is key stage of entire Juvenile justice system in China. Through revising of the Criminal Procedure Law, a special section should be regulated in it. The Juvenile court should be constructed independently according different situations. The comprehensive social investigation should be conducted firmly. The judges of Juvenile court should be trained with related professional knowledge and skills in Juveniles. The criminal summary procedure should be applied conditionally.