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The Construction Of Diversion Of Juvenile Justice

Posted on:2010-08-15Degree:MasterType:Thesis
Country:ChinaCandidate:M WangFull Text:PDF
GTID:2166360275987371Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Diversion of Juvenile Justice in narrow sense means a system of extracting juvenile defendants from formal trial.Diversion applies itself to prevent all criminal minors from being put into litigation without dividing.From the juvenile themselves protection and the society'defense,we should give the juvenile with fatalness judicial treatment,and give more juvenile more chance for not being prosecuted,and treat them with non-criminal and non-custodial methods such as admonishing and alarming more widely. Dividing them from criminal duiring spying,censoring,and adjudging,as to avoid injury form Criminal justice.Diversion comes of American and during the practice in the western world and China's Taiwan region,the theory becomes continuous development and treatment measures are improved.Even though diversion is in order to fill in juvenile justice procedure further,and means that the application of the model of service or treatment,still diversion will not neglect the procedure because of individual treatment.Its application must be carried out verification and balances,increase the procedural safeguards and supervision of the importance gradually,in order to stop any authorities who have the power to decide to abuse of power,and protect the rights of criminal minors at the same time.This article is based on the relocation of power behind diversion,then deeply demonstration theory on the distribution of the power of criminal justice,how to Separate the powers and to limited the rights,and make a reasonable interpretation of the impact of criminal justice,when the procurators and police deal with minor criminal cases with diversion.Such a system could prevent the administration of juvenile justice proceedings to take further negative effect,such as brought about brand by conviction and condemned.Finally it will bring the construction of a reasonable system of diversion.In recent years,juvenile delinquents are becoming serious more and more.The question of prevention and cure the juvenile delinquency is urgency.It becomes an important thing that prove criminal policy conception that"relying on education mainly while making punishment subsidiary"especially in the penalty execute course.However,the implementation of penalty of Nemesisism did not achieve the effective in reducing juvenile crime.In this way,the Juvenile diversions,as a product of theoretical system of modem criminal law,with a strong character of Countries'welfare,emphasis on the protection of the rights of minors,accord with the minor's special physical,psychological characteristics,in line with humanitarian justice,in line with the principle of judicial economy,the principle of the rule of law, which are embodiment of trend of sentencing lighter punishment and emphasis on human rights of developed countries and areas,as well as a major trend of the development of criminal law of the present world.On the basis of connecting with Chinese conditions,it is a positive and effective measure of use the foreign exploration in this field for reference.
Keywords/Search Tags:Juvenile, Diversion, Jurisdiction, System
PDF Full Text Request
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