Reconstruction Theory Of Juvenile Criminal Proceedings

The minors are the future builders of our society. But the juvenile delinquency is among the "three major public hazards" together with environment pollution and drug taking and drug trafficking. Chinese current legal system for the juvenile is established with "the law of protection on the minors" as the core. The weakness of this system is that it is not fully used in judiciary practice. What really guiding our judiciary practice concerning the minors are some judiciary explanations, notices, comments and some criminal policies. Therefore, we can assert that in China the laws handling the juvenile delinquency and their unhealthy actions are basically using the same standard of those for the adult. As criminal contentious procedure is concerning, every department is doing things in its own way, and this makes all the regulations disorderly and confused, not accord with each other or even conflict with each other. When we are constructing the criminal contentious procedure for the minors we should recognize that it should abide by the general principles and the regular patterns as well as hold its own characteristics. Thus we should regard modern judicial idea as guidelines while designing this special procedure, after highly summarizing through the cognition of legal knowledge and objective law at all times and in all lands, combine good experience and method trying to find out in the native country resource and practice of China, set up scientific, systematic, farsighted minor's criminal contentious procedure.While structuring minor's criminal contentious procedure, we should hold the idea of protecting the human rights, preserving the legal rights of all the participants of the suit, advocating the justice of procedure and the efficiency of lawsuit, strengthening the independence of the judges, promoting judicial reform and innovation of jurisdiction. When constructing the general provisions we should establish some principles such as to investigate in an all-round way, to distinguish before dealing with a case, to transfer for handle under jurisdiction, to ensure the rights of the juveniles as the suspect or the defendant. While thinking about the concrete regulations this article tries to do some discussion on the rule of closed investigation on juvenile, on the manner of interrogation on infancy suspect and also on the detaining before the trial. There are also some more discussions on different areas: therules of non-prosecution, postponing a prosecution and prosecuting after distinguishing in the procedure of prosecution;the concepts of the subject of the trial, the instruct of jurisdiction, social investigation before the trial, forced defense, the round-table-trial and the delayed judgment in the procedure of trial;the ideas of cutting down the usage of prison, separating up during administering and imprisoning, inspecting during the probation, correcting in the community, eliminating the crime record as well as the return visit and help and education by the juvenile court in the procedure of execution.