| The treatment to juvenile delinquency not only influence the future of juveniles, but also be significant to harmony of the society. China's juvenile legal system has made significant progress in recent years, but the protection for juvenile delinquents is far from being enough. Regarding the juvenile delinquency law, no matter the substantive law or procedural law, it is not enough and relatively imperfect. Therefore, it is our urgent task to improve the existing legal system of juvenile delinquency and build up a more superior system. In regard of substantive law, the contents specified with juvenile delinquency in China's criminal law are relatively fewer. As a result, the juvenile delinquency cases are treated according to that of adult. While in regard of procedural law, the situation is nearly the same. The Criminal Procedure Law amendment has been included in the legislative plan of the Eleventh National People's Congress, in which the juvenile criminal case proceedings are the key elements in amendment. Chen Guangzhong, Former president of China University of Political Science, indicates that the former Criminal Procedure Law only has a few articles involving in juveniles. Many provisions such as arrest, examination, prosecution, stain non-disclosure and so on are not provided. At present, the overall juvenile crime rate is rising, but legal system for juvenile delinquency is lagged off and not complete. This paper analyzes current criminal proceedings against juveniles based on existing laws to identify defects and correct them. In addition, explore suitable legal system for juvenile criminal cases based on their characteristics, so that greater protection can be provided to juvenile delinquents.This paper is divided into five chapters according to treatment of juvenile criminal cases in different stages as follows:Chapter One is about improvement of filing procedure, which consists of two parts. Firstly, it is determination on filing standards. The existing law does not distinguish filing standards between adults and juveniles'criminal activities. In other words, the same standards are adopted. For the shake of the special protection of juveniles, filing standards for juvenile criminal activities should be developed based on that of adults so as to minimize bringing juvenile offenders into the judicial process. Secondly, dispute resolution mechanism shall be established based on the situation of unreasonable filing decision power allocation. It is stipulated in China's current law that prosecution organ has the right to ask the public security organ to state the reason for not filing cases. Prosecution organ can notify the public security organ to set up file for the case if prosecution organ refuses the reasons stated. Thus public security organ should set up file at short notice. Such regulation led to an imbalanced power allocation. Therefore, I suggest introducing People's Court as a third party to participate in the settlement of disputes.Chapter Two is about improvement of investigation procedure, including three sections. Firstly, subpoena and the interrogation system shall be improved in terms of time, place, manner etc. respectively. Secondly, it is the improvement of lawyer employment system. In order to better protect juvenile suspects, I recommend expanding the period for them to hire a lawyer. In other words, they can employ lawyer after filing. Thirdly, the improvement of arrest system. They'd better not arrest juveniles or arrest with caution. I recommend lawyer to intervene in juvenile criminal case investigation and arrest.Chapter Three is about improvement of prosecution process, including four parts. Firstly, implementation of sub-charges principle, focusing on how to strengthen protection to juvenile criminal suspects when juveniles have committed crimes together with adults but the case could not be charged separately. Secondly, make the prosecution conditions less restricted. I recommend making the standard for prosecuting juvenile criminal case less restricted. Thirdly, expand the applicable scope of prosecution delay. As an independent system, it should be a buffer system between prosecution and not prosecution, which is the refinement of prosecution result. The system in China is still in practice stage, in which applicable conditions should include less serious crime, sentence of three years fixed-term imprisonment according to the law and having good help and education conditions, actually being the first crime, casual offense, accessory, and coerced offense. Juvenile delinquents can be educated, reformed, saved and prevented for second crime through a series of non-penalty means. Fourthly, vigorously promoting criminal settlement system, with emphasis on applicable targets, applicable conditions, applicable principles and settlement procedures.Chapter Four is about improvement of trial procedures, including four parts. Firstly, it is the promotion of public prosecution sentencing recommendation system. The introduction of sentencing recommendation power can not only guarantee fair, just and objective judgment on a juvenile suspect, but also improve efficiency and shorten processing time in juvenile criminal case hearing to achieve rapid and timely conclusion without affecting the impartiality of the results, and thus better protect juvenile delinquents. Secondly, it is the effective implementation of a comprehensive survey system, in which I discuss the reasons for a complete investigation and detailed survey contents. Thirdly, establishing independent sentencing procedures. For a long time, it does not distinguish between conviction and sentencing procedures in the conviction procedures, but it is called the court proceedings in general, and there is a tendency of sentencing lightly and convicting severely. Conviction is the core of the court trial, while sentencing has become an accessory of conviction, and there are not special programs or phases to solve sentencing procedures. Author holds that it is necessary for sentencing procedures to become a separate procedure in court proceedings, which is confirmed as a form of legislation. Fourthly, it is additional life sentence review system, i.e. cases of juvenile delinquents sentenced to life imprisonment shall be reviewed by the Supreme Court. First of all, comment on whether life sentence on a juvenile is applicable or not. Later review the need for establishing such system and specific implementation issues, including the implementation term limits after the commutation, parole restrictions and so on.Chapter Five is about Improvement of procedure implementation, including three parts. Firstly, it is the implementation of non-imprisonment penalty system, in which enhancing the supervision and investigation of the probation and parole to improve the system. Secondly, it is the execution of imprisonment. The improvement measures include: expanding community involvement to prison sentences, improving the return and holiday system of criminals, establishing semi-free criminal system, developing psychological treatment, and strengthening emotional education, etc.. Thirdly, establish elimination of criminal record. Juvenile delinquents who meet the conditions can be eliminated from Criminal Record, by which they can enjoy the same equal rights and opportunities with other normal people after they return to society.
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