On The Criminal And Procuratorial System Of The Juveniles

Juvenile criminal prosecution system is an important component of the minor judicial system, and juvenile criminal cases'research stays at the trial stage in China,it can not meet our development requires of juvenile justice system. This paper combines with work practice and mutuality theory, how to build a set of judicatory property prosecution, it accords with physical and mental characteristics of minors. At the same time, it protects national interests and fight crime, and also discusses juvenile criminal prosecution system about protecting the interests of minor in handling cases.Juvenile criminal prosecution system deals with a series of principles and measures combined about juvenile crime prosecutor issues. As a special criminal procedure, juvenile criminal prosecutions must be based on physical and mental characteristics by way of minors oneself refuge, distincting from the widely same with adult normal criminal proceedings. The most important feature of minors is in the process of growth, juvenile prosecution system should be concerned about the characteristic development and immaturity of minors, and so on.With the concept establishment of minors, local each prosecutors department carried out a good many new explore and created many new experiences in the juvenile criminal prosecutions. It also gradually established the dual protection principle,the combining principle of review and education,comprehensive review principle,the principle of special protection,rapid simple principle,the principle of non-formal procedural. Meanwhile, the Supreme People's Procuratorate on juvenile delinquency has issued a series of judicial interpretations, and the relevant provisions of juvenile criminal cases was also revised, added. It will increase the case progress apprized system,sub-charged system,rapidly handling mechanism of the eight measures. It also effectively enrich the juvenile criminal prosecution system content,to make it more operational.Although our criminal prosecution has made great progress in the juvenile delinquency system, there are still a few legislative and judicial issues. Legislation is relatively dispersed, the lack of systematic and coordinated. At the same time, it is lack of legal provisions inthe program, protection mechanism is also not perfect. For the judicial aspect, it exists pre-trial detention rate, too high prosecution rate and so on. For legislative and judicial shortage, combined with China's legal status and prosecution practice, the article discusses some special prescipts about juvenile criminal prosecution,such as adults without bail system, the suspension of prosecution system; the system of social survey.