Protection Of The Rights Of Minors In Criminal Proceedings

Today, many countries are faced with a serious social problem which is juvenile crime. The Juveniles are in the development of body and mind. They are lack of the ability of distinguishing right from wrong and self-control. They always acted blindly and arbitrarily. Because their crime in the subjective is not as deep as the adult, we should offer them differential treatment, highlighting the help, education and protection. China yet has not formulated a unified code of criminal procedure for juvenile. Some provision can be seen in "Protection of juvenile Act", "Prevention of Juvenile Delinquency Act", "Code of criminal procedure" and a number of judicial interpretations. In judicial practice, despite some practices are taken to protect the legitimate rights of juvenile, but not yet formed a system completed, operating Standardized Protection mechanism. This article on the status of our legislative and judicial reflection, proposed some ideas on constructing juvenile criminal rights protection system.Structurally, this article is divided into four parts. The first part studied the concept of and necessity in theory. The second part analyzed foreign juvenile criminal procedure from the perspective of comparative law. The third part analyzed the defects in China's juvenile criminal procedure. The fourth part has put forward an idea of how to build China's juvenile criminal protection system. It is the focus of this article.