A Comparative Study On Diversion In Juvenile Justice Process Between China And Germany

Diversion is turning into a hot topic in recent years in Chinese academia.Through comprehensive study on legislation and judicial practice in Germany and China,this paper aims at exploring effective ways to protect juvenile offenders and making recommendations for building diversion system in juvenile justice process,especially suspension of prosecution.To achieve this goal,the comparative method will be carried out throughout the whole paper.Comparisons will be made in the perspective of both legislative and judicial practice.Furthermore, differences in cultural background and history of minor protection in China and Germany can not be ignored.Along with the theoretical analysis,empirical study will also be an important research perspective. In addition,this paper is a problem-oriented research.Therefore,it is meaningful to make a cross-disciplinary study with a combination of law,sociology,psychology and other social disciplines. This paper is divided into four parts.In the first chapter it deals with basic issues of diversion,including concept,development history, theoretical foundation,models of diversion and problems faced currently.Then existing legislation and judicial practice regarding diversion in Germany will be discussed in the second chapter,focusing on suspension of prosecution and the corresponding provisions.In chapter three it will introduce the status quo of juvenile delinquency along with minor protection in china,and discuss the existing problems about diversion system in juvenile justice process.On the above basis,it will make recommendations for building diversion system in juvenile justice process,especially suspension of prosecution in the last chapter.