Study On The Fundamental Principle Of China's Juvenile Criminal Procedure

Changning district, Shanghai has initiated a collegiate bench to trial juvenile criminal case in 1984. It is widely accepted as the beginning of China's juvenile criminal justice system by the judicial circles and academic circles. Chinese teenager judiciary has developed for more than 20 years, but to protect legally the juvenile's rights and interests is just under the way. So it is necessary to build a set of system of juvenile criminal procedure which is different from that of the adults' and to construct the fundamental principle of juvenile criminal procedure system.This thesis is a monographic study on several issues of the fundamental principles of our country's juvenile criminal procedure.The introduction begins with the importance of the juvenile, the condition of the juvenile's crime, the international penal legislation document of juvenile's crime and the study on our country's fundamental principle of the juvenile criminal lawsuit, and draws forth that it is necessity to perfect the fundamental principle of the juvenile criminal lawsuit.The first chapter is the introduction to the fundamental principle of the juvenile criminal lawsuit. It begins with clarifying the concept of juvenile, and then, clarifies the juvenile criminal suit and the concept of the fundamental principle of the juvenile criminal procedure. In order to make a better understanding of the concept of the fundamental principle of the juvenile criminal procedure, this chapter also presents the differences and the relationship between the principles of the fundamental principle of the juvenile criminal procedure and the principles of the criminal procedure, between the fundamental principle of the juvenile criminal procedure and specific policies.The second chapter is about the rationale of the principle of juvenile criminal proceeding. The construction of principle is not separated from the bedding of the rationale, and the fundamental principle of juvenile criminal proceeding is exactly based on these peculiar rationales. The author provides for some theoretical basis, witch is the principle of universality and particularity of contradiction, applying to the individualization of penalty and the theory of the juvenile's human rights.The third chapter carries out the imperfection of juvenile criminal procedure in legislature and theory, and then points out the primal problem of the principle of juvenile criminal proceeding in our country.The fourth chapter aims at the above-mentioned problem, and analyses the cause of imperfection such as no enough consideration of the children, no enough concern about theory, and legislation lagging.The fifth chapter is a systematic analysis of the system of our country's juvenile criminal procedure. After the discussion of the basic principle of our country's juvenile criminal procedure, six guiding principles of juvenile criminal proceeding in our country have been carried out in detail. It includes education firstly and punishment secondly, separation from adult cases, comprehensive investigation, protection of rights of the juvenile, rapidness and simplicity of procedure, and subsidiary principle.The conclusion emphasizes the importance of the "harmonious people-oriented society" idea to the construction of the fundamental principle of our country's juvenile criminal procedure, and points out that it is a long way to go to construct and perfect the criminal judicial system of China.