On The Perfection Of The Juvenile Criminal Proceedings

The disposal procedure to the juvenile criminal case is distinguished to the adult criminal case and this has been approved by the international society, the various countries' legislation and the judicial practice. But at present the legislation in our country hasn't still stipulated the special procedure in juvenile criminal procedure and the judicature protection is still weak and insufficient to the juvenile criminal activity, so it is especially urgent to consummate our country juvenile criminal procedure.This paper begins with the significance of the perfect juvenile criminal procedure and then analyzes its existence reason and development course to limit the connotation of the juvenile criminal special procedure: namely a special criminal procedure specially suiting the juvenile criminal case detection, prosecution, trial, execution, etc. Through elaboration to the present situation and the achievement obtained of our country juvenile criminal procecution procedure, this paper analyzes its insufficiency and tries to propose the theory basis consummating it: When the juvenile is compared with the adult, there is remarkable weakness and inferiority in body and mind. The juvenile criminal procecution procedure should pay more attention to the protection of the underage accused persons' rights, but not let alone the occurrence of the junvenile crime. The protection to the junvenile and the attack to the juvenile crime are still the dual goal of the underage criminal prosecution procedure. Finally, after inspecting the international youth criminal judicature criterion, the overseas related legislation and the achievement our country judicature practice obtains, the paper puts forward the principles of consummating our country juvenile criminal prosecution procedure, that is, persisting the policy of helping sb. to change by education and persuation and saving, the principle that the education is primary and the penalty is auxiliary, that individual case is delt with and not tried publicly and the status of offenders are kept secret. The preliminary conception is to consummate the concrete content of our country juvenile criminal prosecution procedure, that is, the registering procedure, the detection procedure, the prosecutionprocedure, the trial program, the protection procedure to the underage victim and the executive routine, thus to form the more perfect juvenile criminal prosecution procedure system.