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Analysis On Internationalized Judicial Protection On Minor Offenders

Posted on:2008-09-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y YeFull Text:PDF
GTID:2166360215463255Subject:Procedural Law
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Facing the severe situation of crimes committed by the minors is becoming from bad to worse, many countries are striving to constitute a special criminal procedural law aimed at weakening the adverse effects of current criminal judicial procedure on the minor offenders, effectively protecting the minor offenders'legitimate rights and interests,and thus benefiting their growth and regress to the society. Since the end of the 19th century, many countries on the world, led by the United States, have begun unremitting researching and studying on minor criminal judicial protection system. After making decades of efforts, a relatively complete system emerged. Based on studies on various judicial systems of protecting the interests of minors in different countries, the United Nations and its adjunctive organs passed a series of international legal documents detailing several standards for judicial protection on minor offenders. These standards ought to be admitted and complied by all the countries in the world since they are consensus reached by and among the majority countries'in the world through amicable negotiation, getting reference from one and another and learning virtues from others and making up one's weakness, these standards are the minimum requirements for judicial protection on minor offenders, which reflecting the common opinions of all the countries.Although China has accessed the competent departments of the UN and agreed with the relevant international legal documents on protecting the minors interests, there are still a big distance between China's current legal mechanism and that of the international standard in terms of judicial protection on minor offenders due to some reasons. Based on the analysis of China's current situation of judicial protection on minor offenders, in this article, I attempt to raise up my suggestions on how to regulate and improve our judicial system by referring to international standard. This article is divided into four chapters:On the premise of clarifying relevant definitions, such as the minor and minor offenders, in Chapter one, a brief introduction on a string of international documents formulated by the United Nations and its adjunctive organs on judicial protection on minor offenders will be delivered, moreover, summaries on standardized requirements for judicial protection on minor offenders set forth in these legal documents will also be specified therein.In Chapter two, I describe the necessity and importance of regulating and improving our minor judicial system and to set it up in line with international standard in consideration of the needs for preventing the minors from committing crimes, indicating special protection for minor offenders'human rights, adapting to the trends of globalization and integration, obeying by the international treaties and taking advantage of the international standards.In Chapter three, I analyse and discover the disparities and shortages of our current legislation structure and judicial practice on protecting minor offenders.In view of the shortages existed in our current judicial system on the protection for minor offenders, in Chapter four, I will deliver my specific suggestions on how to improve and complete our existing judicial system on the protection of minor offenders by referring to international standards.
Keywords/Search Tags:minor offenders, international standards, judicial protection
PDF Full Text Request
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