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Minors Crime Suspend The Prosecution System Research

Posted on:2007-08-11Degree:MasterType:Thesis
Country:ChinaCandidate:Q F RenFull Text:PDF
GTID:2206360185982922Subject:Law
Abstract/Summary:PDF Full Text Request
China is currently in transition period. Since the end of last century, the considerable yearly increase of adolescent crimes and low-aging of criminal adolescents have become an extraordinary problem that is seriously harmful to society order, so corresponding legal actions must be taken to prevent adolescents from committing crimes or decrease it The thought of establishing reprieve of prosecution system for adolescent criminal is proposed with the trend of the times. The theoretical basis of reprieve of prosecution is convenience of prosecution. According to China's present prosecution system and judicial resource, to prosecute the adolescent retrievably can dull the shortage of judicial resource and protect the legal rights of criminal adolescents properly. Now, in Germany and Japan, there are strict and integrated regulations on reprieve of prosecution which we can use for reference to construct our system for adolescent crimes.This article is composed of six chapters. Chapter 1 shows an introduction of Chinese current status of adolescent crimes, its characteristics, the problem in judicial system and the negative results caused respectively. Chapter 2 gives an explanation for the concept and characteristic of adolescent reprieve of prosecution. Chapter 3 describes the theoretical basis of reprieve of prosecution—convenience of prosecution and the practical significance for establishment of reprieve of prosecution. By setting up the system, the principal "conducting adolescent , influencing adolescent, saving adolescent" & "conducting foremost, punishing secondly" will be better implemented to ease lack of judicial resource, meanwhile, it is also good for procuratorial organ to well perform their discretionary ruling. Chapter 4 compares the systems in Germany, Japan and Taiwan to draw lessons from mem for China to found its own system of reprieve of prosecution. Chapter 5 says the public doubt to the practical action on China's adolescent reprieved prosecution system. Chapter 6 answers that the doubt during the course which China performs this system, points out mat it's reasonable for china to establish the system because it has firm law and policy, then details the structure for establishing the system of reprieve of prosecution.
Keywords/Search Tags:adolescent, crime, reprieve of prosecution, system research
PDF Full Text Request
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