Cogitation On The Issues Of Juvenile Judicial System In China

Juvenile committing crime has become a more and more serious issue, which not only affects the healthy growth of the juvenile, but also affects the blessedness of the family as well as the stability of society. This results in another subject: for those juveniles who have committed crime, how to educate, reform and rescue them; how to carry out the complete protection for them to prevent them from committing new crime and promote the healthy growth. In 1984, People Court in Changning area in Shanghai City set up the first Juvenile delinquency collegiate bench, which started the exploration of juvenile judicial system. Many scholars practiced a lot from trial system to juvenile judicial system, from try to experience to system, or even to the judicial explanation. They accumulated a lot of experience that are suitable for China from the juvenile theory and practical exploration for the past twenty years. This makes great contribution to the perfection of the juvenile judicial system of China. However, the juvenile judicial system is not perfect. How to develop the juvenile judicial system of China? How to perfect the juvenile organization and juvenile legislation of China?The firs section covers the introduction of the development of juvenile judicial system of China to give the affirmation to the judicial practice as well as the effect of juvenile legislation in the past twenty years. The first part illustrates the evolvement of the juvenile judicial organization. The first juvenile court in the world came into being in 1899 in Chicago in Illinois of America, which started the development of juvenile judicial development in the world. Strictly speaking, the building of juvenile judicial system of China began from the first Juvenile delinquency collegiate bench set up in Changning in Shanghai. In July 1988, this court separated the collegiate bench from the criminal judgment court, becoming the independent juvenile criminal judgment court. In August 1991, when'Juvenile Protection Law'was going to be enforced, People Court in Tianning District in Changzhou City, Jiangsu province set up the first comprehensive juvenile case judgment court, aiming at realizing the goal of complete judicial protection for the juveniles. In order to assure the statue of the juvenile court and explore the trial means of juvenile case, in May 1998, two grass roots people court in Lianyungang in Jiangsu province explored the appointed scale for juvenile criminal case. The second section covers the effect of juvenile legislation. Juvenile Protection Law and Prevention of Juvenile Committing Crime Law were established in September 1991 and June 1999. The highest People Court and the highest People Procuratorate also established a series of judicial explanation and rule in dealing with the juvenile case, including procedure aspect as well as entity aspect. The third part covers the generalization of the juvenile judicial practice. In the exploration practice in the past twenty years, the workers in juvenile judicial practice have accumulated a lot of experience by considering the situation of a country. Some has formed into system or even legislation.The second part analyzes the difficulties and problems faced by the development of juvenile judicial system. The first part covers the puzzle brought by the imperfection of growth of organization. The juvenile judicial system has not enough independence since most of them do not become independent from the adult judicial system; the juvenile judicial organization especially the juvenile court has not enough stability and thus the case scale is changed or abolished due to the issue of the source of the case or the will of the leaders; the juvenile judicial organization is not systematic since the development of the juvenile police and procuratorial organizations falls behind the development of juvenile trial. Viewing from the legal system, the upper and lower trial organizations do not form a complete set; the case scale of juvenile trial organizations is not united: some only deal with the criminal case and some is expanded to the juvenile protection case. Though they are the same comprehensive juvenile trial court, there is great difference in case scale without any criterion or uniformity. The imbalance of development results in the disorder of present juvenile judicial organizations without any seriousness of law. In addition, this disorder affects the simultaneity of juvenile judicial system. The second section states that the juvenile legislation lag affects the judicial practice. Though there are some rules, they are scattered in other laws or the level is not high enough with different forms. Thus they do not form a system. There is specific juvenile code until now. The third part illustrates that limitation of juvenile judicial system is clear. In the juvenile judicature, the proportion of the criminal is too much. On one hand, there is short of non-penalty punishment means suitable for the juvenile in the criminal case; on the other, there is not enough theory and practice of treatment of the juvenile case or protection for the right of the juvenile. This is the limitation of the juvenile judicial system.The third part of this thesis provides some proof for referring to foreign advanced experience mainly from the foreign judicial organizations, judicial concept of comprehensive protection and perfect juvenile legislation. From the organization, many countries including Taiwan of China build up the juvenile court which is a direction in juvenile judicial system development history. Viewing from the juvenile judicial concept, the single criminal protection concept has lagged behind. The comprehensive judicial protection concept has been accepted. Viewing from the juvenile legislation, there is specific law for juvenile protection as well as the punishment for the juvenile crime in many countries. The United Nations also strengthen the comprehensive protection for the juvenile through legislation.The fourth chapter discusses the perfection of juvenile judicial organization as well as legislation. The first part covers the advice on perfection of juvenile judicial organization. The author mainly gives some views on the creation of juvenile court. The development history of juvenile judicial system shows that the juvenile judicial organization takes the leading place, which will lead the progress of legislation. The creation of juvenile court has its own necessity and feasibility. The objective demand of the civilized society and judicial progress determines that the juvenile court will emerge as the times require. The case scale of future juvenile court includes juvenile crime case, serious bad behavior of juvenile and juvenile protection case. The trial means and treatment of juvenile court should adjust to the physical and psychological trait of the juvenile with great agility. The second part covers the advice on perfection of juvenile legislation of China. Our juvenile legislation is based on social level with great macro-guidance, such as Juvenile protection Law and Preventing Juvenile from Committing Crime. However, the maneuverability in the practice is not enough. It is a law of speaking plug. In the juvenile legislation of China, there is short of legislation guiding the juvenile judicial practice. Perfection of legislation is not only the need of the reality but also the need of the development. We should stabilize the experience as well as system accumulated in the past twenty years through legislation to form its own system and thus to guide the practice. Meanwhile, we cite the advanced legislation to guide the development of the juvenile legislation. Referring to the foreign legislation experience, our juvenile legislation should apply for the unification of procedure means, entity means as well as organizing means to form the law named Juvenile Law of People's Republic of China.