On The Trial Model Of Juvenile Delinquency Cases

Youth is Chinese future and hope,but the problem of juvenile delinquency grows recently. Chinese trial model of juvenile delinquency cases must be reformed, otherwise, it will seriously affect the development of Chinese justice.The purposes of this article is that giving advice on the reformation of Chinese trial model of juvenile delinquency cases based on analysising the status of the trial mode of juvenile delinquency cases at home and abroad,so that cases of juvenile crime can be properly handled.This article is about 30000 words,and be divided into five sections. Each part of the specific contents are as follows:The first part defines concepts of juvenile and juvenile delinquency and introduces application objects and theoretical foundations of juvenile court mode and criminal court mode.Juvenile court tris juvenile delinquency cases except juvenile felony cases.Its theoretical foundations are country's pro-rights theory and positivist criminology. Criminal court tris juvenile felony cases,and it considers the needs of the community defense and healing socialconcern and dissatisfaction for juvenile delinquency. Its theoretical foundations are positivist criminology and classical criminology.The second part introduces the trial models of juvenile delinquency cases in America and Japan.After analysising application objects,trial proceedings and theoretical foundations of juvenile court and criminal court of the both countries,we can get features of the both countries in commom.The third part exposes the status of Chinese trial model of juvenile delinquency cases.This part exposes the tonnotation of juvenile delinquency cases,application objects of juvenile court and criminal court, trial organizations of juvenile delinquency cases,trial proceedings of juvenile delinquency cases and philosophies of the trial model of juvenile delinquency cases.The fourth part analysises issues of Chinese trial model of juvenile delinquency cases. Issues lie in the divisible standard of juvenile delinquency cases be tried by criminal court , trial organizations of juvenile delinquency cases, trial proceedings of juvenile delinquency cases and philosophies of the trial model of juvenile delinquency cases.The fifth part gives advice on the reformation of Chinese trial model of juvenile delinquency cases.This part exposes trial modes of juvenile court and criminal court.Reforming the trial mode of criminal court includes transferring juvenile felony cases to criminal court and improving the criminal court proceedings. According to Chinese reality,if juvenile are full 16 years old when Criming, quotes of criming are serious and juvenile may be sentenced to three years in prison,these cases are juvenile felony cases. If juvenile are in these cases, there is no problem of immediate return to society.Justice faces the matter of procedural fairness under the premise of the penalty,so it is reasonable to transferring juvenile felony cases to criminal court. In this paper, the specific transferring process and the proceedings of criminal court are discussed in detail.Reforming the trial mode of juvenile court includes remodeling center concept of the trial mode of juvenile court and improving the juvenile court proceedings. Remodeling center concept of the trial mode of juvenile court is setting protectionist philosophy under the premise of being conducive for juvenile ,return to society. Improving the juvenile court proceedings includes improving the social survey system, protecting procedural rights of the juvenile, reforming o the trial mode according to the requirements of the inquisitorial system and judges conducting the work after the sentence limitedly.