The Discussion About Juvenile Offenders' Protection Of The Rights In Criminal Proceeding

In recent years, the legal protection for juvenile offenders of our country has made great progress. Our country has established "education, prevention, and saving" guideline for juvenile offenders as well as juvenile offenders and adult offenders "sub-case" principle. Many courts have established the juvenile courts. The judiciary has been fully aware of the importance of protect juvenile offenders in criminal proceedings. However, it should be noticed that we have a lot to improve in the protection of juvenile offenders' rights in criminal proceedings.In my opinion, in the investigation process protection of the rights of young offenders should include the following:Then first one is to set up special investigative agencies and is equipped with professional investigators. First, setting up special investigative agencies for minors in crime detection process in the investigation, this body should be the permanent body. Second, equipping with professional investigators in the investigation stage can avoid the same approach, methods and attitudes used to dealing with adults are used to dealing with juvenile offenders. Make sure that juvenile offenders in the investigation process can be less injured. It will be helpful to protect the physical and mental healthy of the young offenders.The second one, in the investigation procedures, the questioning of juvenile offenders should be an appropriate adult present. First, legislative should properly expand the scope of legal representation, expressly provides that any legal representative is unable to perform the duties of its agents, can be replaced by close relatives or deputy attorney to participate in the detection of activity. Second, the rights of the legal representative in the investigation process should be made clear. And it should be make clear that the liability of the legal representative of non-compliance and improper compliance to protect the rights of juvenile criminal. And I believe that it should be expressly provided that guardian with bad character should be canceled the qualification of legal representation.The third one, a legal aid lawyer should be provided to a juvenile offender in the investigation stage. The legal aid lawyer can prevent the investigative behavior of trespassing the juvenile offenders 'legal rights immediately to protect the rights of juvenile criminal suspects. The evidence are more powerful and reliable obtained by the organ of investigation in the investigation process fully participated by lawyers. Firstly, it should be clearly informed by the investigative team that the juvenile criminal suspects and their legal representatives have the right to brief a barrister. Secondly, it should be expressly provided that the lawyer can wield all right in investigation stage as in court proceeding when the lawyer represents a case of juvenile offenders.The forth one is the investigators should use investigative coercive measure discreetly. Firstly,the surveillance authority should properly expand the scope of using non-custodial enforcement action. It can reduce the investigators' subjectivity and arbitrariness by establishing the risk-assessment mechanism of using non-custodial enforcement action. Secondly, the investigators should reduce the adverse impact of using compulsory measures. Juvenile and adult criminal suspects should be imprisoned separately, and juvenile criminal suspects with the shoal subjective culpability of the mind should be imprisoned separately with the juvenile criminal who has deep subjective culpability of the mind and juvenile repeat offenders to avoid the juvenile criminal suspects be "cross infected" during the "cross-contamination."In the review proceedings to strengthen the protection of the rights of juvenile offenders should be to:The first one, increasing non - prosecution of additional conditions system. The conditions of using non - prosecution of additional conditions system should be expressly provided in the legislation. Firstly, relatively minor offenses and not harmful to society; Secondly, the comprehensive survey results show that juvenile criminal suspects with the educational conditions; once again, non - prosecution does not apply to juvenile repeat offenders, recidivists; Finally, it is necessary to obtain juvenile offenders or their legal representatives, as well as the victims or their legal representative's consent.The second one, improve the existing system of "sub-case" prosecution. Firstly, "sub-case" prosecution is conducive for the realization of our country's "education, reform and rescue" approach on juvenile criminal case; secondly, it is helpful to express special judicial protection to juvenile criminal suspects; and finally it is helpful to crack down adults' crime. But we know that implementation can not affect the incidental civil action and can not affect the facts of the case fully investigated. The third is to build a criminal conciliation system in criminal indictment stage. The criminal conciliation mediator should be a procurator who familiar with the case. Criminal conciliation system is not only able to compensate the victims and compensate for the loss suffered of the victims, but also can give perpetrators an opportunity for reintegration into society, and will not affect the criminal law's education and disciplinary functions.In court proceeding it is necessary to strengthen protection of the rights of juvenile offenders, should pay attention to the following aspects: The first one, improve the existing system of the sub-case hearing. System of the sub-case hearing are better able to implement our "education, probation, saving" principle. It is helpful to implement special judicial protection to juvenile defendants, making the rights of juvenile defendants in the trial proceedings be better protected.But it should be draw attention to that implementing sub-case hearing will not prevent the trialing of the cases, and does not seriously affect the efficiency of trial. The second one, trial institution should expand the scope of using summary procedure when trialing the case of juvenile delinquency. Trial institution expanding the scope of using summary procedure when trial the case of the facts are clear, the evidence fully liable and the defendants probably be sentenced light punishment is the expression of the juvenile justice "rapid simplified" principle. Expand the scope of using summary procedure can also avoid the further stimulation and injury in long court proceedings to juvenile offenders, it is conducive to physical and mental health of minors. In general, for summary trial of cases usually mean a reduction in penalties against the accused, is a strong encouragement to juvenile defendants.The third one is increasing the system of postponement of prosecution. Physical and mental development of minors are not mature, and their application of postponement of prosecution favorable to their physical and mental health development. Postponement of prosecution must be applied after the trial that has already constituted a crime and may be applicable to a sentence of imprisonment, and a juvenile defendant was committed a minor crime and no criminal record. Who may be sentenced to heavy penalty (which may be sentenced to more than five years imprisonment) shall not apply to a minor defendant postponement of prosecution. The protection after the penalty enforcement procedures, we should focus on the establishing of the eradication system of criminal records. Judiciary should set a test period for minors who have committed crimes be determined exempting from punishment or have completed the sentence. In test period, minors have not violated laws and regulations, after test period the parties themselves or their legal representatives can apply to the court abolished criminal record. For minors should be given one chance to rehabilitate and reintegrated into the community, be freed from criminal and be accepted by society again.