Development And Hardship: The System Of Criminal Justice Protection Of Minors

The Juvenile Justice System is the attitude of various countries toward the tough topic of juvenile delinquency, based on the legislation over humanitarianism thoughts. Since the end of 19th century, aimed at protecting young person from infringement and helping juvenile offender, great efforts has been dedicated globally to the establishment of an independent juvenile justice system, which could be distinguished from the adult criminal legal system. Due to the common emotion on juvenile of humanity, the basic concepts and specific empirical approach of Juvenile Justice System, to some degree, would be generally recognized by the states, far beyond the features of ideology and apart form the difference among their national histories, cultures and political forms. Nowadays, the level of development of Juvenile Justice System has been considered as an important benchmark to measure the level of legal civilization and protection of human rights.In September 1984, Changning District People's Court established the first juvenile court in China, indicating the establishment of Juvenile criminal justice system in our country. Over the past 25 years, the theory and practice on juvenile justice have witnessed rapid developments. Remarkable progress has been made in the practices and system construction on protecting minors while law-man who dedicated to Juvenile criminal justice has abandoned retributionism in abstracto,. Nevertheless, Chinese Juvenile Justice System still has some imperfections on its principle idea in concept, organizational system, special procedures, physical protection, and relevant social assistance system, compared with the developed countries and regions. In practice, the strength and effectiveness on judicial protection for minor suspects are unsatisfactory so that the development of our Juvenile Justice System is confronting with a predicament. As a law officer working in front line of juvenile justice practice, the article tries to track the historical and cultural tradition of the Chinese juvenile justice protection system, to examine the problems and bottlenecks in the current judicial practices on the protection of juvenile reconstruct the basic framework of Juvenile Justice System comprehensively and systematically. The author believes that the article could be regarded as a reference for our society in providing more complete and effective protections on juvenile interests, whilst promoting the development of our juvenile justice system and help it overcome the current difficulty.