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To Adopt Character Evidence In Restorative Justice System For Juveniles

Posted on:2011-06-21Degree:MasterType:Thesis
Country:ChinaCandidate:T T LiangFull Text:PDF
GTID:2166360302994575Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the development of juvenile criminal justice system, the people take protection of the rights of minors seriously; at the same time, education, retrieval can become the guiding line as well as the full investigation is the principle for such cases. While the character evidence can be more comprehensively to reflect the growth experiences of minor criminal suspects, and family factors, social environment, etc. It plays an important role in education, probation, and retrieval for minor criminal suspects. Therefore, it is necessary to introduce the character evidence in suspension of prosecution system, in order to improve minor criminal justice in our country.Firstly, this paper introduces the concept and characteristics of the moral character evidence, as well as the relationship between it and minor criminal suspects; Then , it points out the concept , meaning and application procedures of suspension of prosecution system, which has laid the foundation for as follows elaboration . Next, it drives his point home that character evidence is the cause in suspension of prosecution system: it is a need which protect minor criminal suspects and apply to suspension of prosecution system on one hand, and on the other hand, it states the necessity and feasibility of suspension of prosecution system on account of the theoretical evidence, institutional basis and foreign experience and domestic practice. Finally, the paper proposes legislative advice, such as prescribes the contents of criminal records clearly, improves the operating procedures and sets up constraints home and abroad.It embodied pardoned and protected for minor criminal suspects when the character evidence is applied in prosecution of suspended system. It is not only propitious to educate ,move and save the minors, but also helps improve our juvenile criminal justice system, moreover, enriches theoretical basis of suspension of prosecution system and the evidence law.
Keywords/Search Tags:Minor criminal suspects, Suspension of prosecution system, Character evidence, Personal dangerousness, Evidence law
PDF Full Text Request
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