Juvenile Criminal Proceedings, Protection Of The Rights

Juvenile in criminal proceedings, because of the development of juvenile's mind and body, knowledge of juvenile isn't sound, the ability of juvenile's controllment and recognizance is not so good. A lot of crime are caused by weak will or emotional impulsive. They accept new things easily and can be changed easily. In order to protect the juvenile, all countries around the world implement principle of separating the adult criminal case and the juvenile criminal case, so that criminal proceedings should not only investigate the facts but also investigate character of criminal reasons, methods of returning to society, in order to correct juvenile and successfully let them melt into society again.However, the principle of dealing with juvenile crime today is facing challenge. In our country, the protection of juvenile rights often falls in the awkward situation. Because of the lack of standard norms at the legislative level, the special guidelines for the protection of juvenile, sometimes is neglected due to the demanding of fighting crime and the public emotion of hating crime. In fact, our preferred system which combine education and punishment is not seem to have played a good role in rescuing juvenile. Therefore, it is necessary to review the existing system, reconstruction our system. In this paper, I refer to the international standards to review China's current juvenile criminal proceedings. I analyze the gap between our system and international system from the juvenile criminal legislation basic principle and procedures, and propose how to improve our own system.This paper is made up of three chapters: The first chapter is the general theory , giving out the definition of juvenile and age scope, analyzing why should give special protection to juveniles . ChapterⅡ, I explore our current juvenile criminal proceedings, point out the gap form international standards. ChapterⅢ, I suggest on how to improve protection of juvenile rights in criminal procedure.