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The Consummation Of The Hunan Rights Protection Towards The Juvenile Defendants

Posted on:2012-06-16Degree:MasterType:Thesis
Country:ChinaCandidate:D XieFull Text:PDF
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The juvenile plays an important role in the national social development.In recent years, juvenile criminal cases raise frequently which brings the challenge for our juvenile criminal trial procedure.We should formulate a set of system and feasible juvenile criminal trial procedure so as to instruct and save them in the basis of the current juvenile trial practice, along with their special physiological and psychological characteristics.The article tries to seek the road of the protecting juvenile defendants'human rights form the angle of the juvenile criminal trial procedure.In the first part, the paper tries to depict the connotation of the juvenile defendants.There is no exact definition is no system of research and analysis.In this section, this article draws the exact concept of the criminal defendants and the juvenile in the criminal procedure law sense, laying the foundation for later study.In the second part, the paper discusses the origin and significance of legal for the juvenile criminal trial procedure. Based on the historical development of the reasons for crime legal, the article explores the legal basis for the juvenile criminal procedur. In additon, the consummation of the juvenile criminal trial procedure is to realize the value of justice and promote the development of humility philosophy in criminal trial. Besides, it can effectively implement our policy of the protection of human rights in criminal procedure.In the third part, the paper introduces the foreign typical representatives of common law system and civil law system in the juvenile criminal trial procedure legislation. Compared with the legislation from the foreign typical representatives such as the United States, Britain, Japan, Germany, Switzerland, the paper concluded the characteristics and the trends in their juvenile criminal trial procedure, laying foundations for our country. From analyzing the establishment of trial institution abroad,most of countries have the exclusive personnel for trial and handles by division of cases in the trial of juvenile cases. Althought the subject of the social survey institution is distinct in difference country,each country received enough attention to the its valuable reference for juvenile sentencing.In the fourth part, it mainly introduces the overview and deficiency in the current legislation. In China's current legislation, there is a lack of the legal basis in the juvenile criminal trial. It hasn't established the trial model with the development of our economy and society. Besides, there are many deficiency in juvenile criminal trial procedure, especially in the judge institutions and social survey institution.The fifth part is the most significant in this paper. On the basis of the summarying, the arcitle put forward the proposal such as gradually established the system of division of juvenile cases, specialized in the judge institutions and personnel in it, systematized the social survey system and humanized the trial way in the juvenile criminal trial.In short, juvenile criminal trial rules scattered throughout our ligisilation. Until now, China hasn't yet actually independent of the specialized agencies and dedicated staff in our juvenile criminal trial, and our juvenile criminal trial system is still in the exploratory stage. we should explore the further studies related to the theory at home and abroad and bulit up our juvenile defendant criminal trial procedure based on national judicial conditions which is pushing forward the development of the national human rights protection.
Keywords/Search Tags:juvenile, juvenile delinquency, juvenile criminal trial procedure, consummation
PDF Full Text Request
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