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Research On The Diversion Of The Juvenile Justice System

Posted on:2012-09-24Degree:MasterType:Thesis
Country:ChinaCandidate:J S CaiFull Text:PDF
GTID:2216330338959754Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Pound, a famous jurist, once said:"the juvenile justice system is the greatest invention in the history of justice since the Great Charter. Diversion of juvenile justice system, being a brunch of juvenile justice system, have already had quite a wealth of practical experience in Western countries. In fact, since the last century 80's, some international standards of juvenile justice such as "United Nations Minimum Standard Rules of Juvenile Justice", "United Nations guidelines for the Prevention of Juvenile Crime" and "Convention on the Rights of the Child" etc. have considered juvenile justice as the legal issues worldwide rather than a country's domestic legal system. Therefore, it is a truth that the juvenile justice system turns into a relatively steady and sound judicial system in foreign countries.In contrast, researches on the special system of juvenile justice are relatively backward. There is an obvious gap between juvenile justice theory and its practice, which leads to challenges and struggles of juvenile justice reform. A case in point is recent institutional innovations such as deferred prosecution, suspended sentence system, appropriate intervention system for adults and community service orders etc. have been halt by "two high" for lack of legal basis or theory. Juvenile justice reform thus trapped into unprecedented confusions.Meanwhile, there is a fact that we have neither the establishment of an independent juvenile justice process, nor diversion of juvenile justice system. The term of "Diversion of Justice" is still a new thing in China. Specific works on "Diversion of Justice" haven't been found yet in China. Some relative research results we see occasionally are largely explored on the basis of institution theory abroad and the domestic discussions on the establishment of system are rare. Therefore, the author of this paper believes research on diversion of juvenile justice system makes great sense. Given the significance of diversion of juvenile justice system, the paper aims to analyze its relate issues, basing on the features of diversion of juvenile justice system which seeks set the juvenile offenders free from the severe, long criminal procedures. An assumption that establishment of the diversion of juvenile justice system in China then put forward. Specifically, this paper is divided into three parts with the exclusion of introduction and conclusion.PartⅠfocus on the conceptualization of diversion of juvenile justice system and its literature review, mainly including an introduction of three foreign diversion models and their basic features.PartⅡis a deep analysis of current status of our juvenile justice. On the basis of discussions on f the juvenile legislation and judicial practice, the main problems have been found out. It includes: a lack of more substantive laws on juvenile delinquency and establishment of separate juvenile justice process; the regulations of existing juvenile justice procedural seem to be immature and formal; the prevalence of measures of juvenile arrests and too much emphasis on the juvenile criminal prosecution. Then the reasons are analyzed in the following: little attention have been paid to juvenile criminal legislation; theories of judicial protection are not renewed all the time; a lack of pre-trial diversion procedure.PartⅢmainly discussed the following five parts for the purpose of constructing diversion of juvenile justice system in China which benefits to deal with the cases of juvenile delinquency. They are necessity and feasibility of constructing diversion of juvenile justice system; applicable principles, specific rules and relative facilities.
Keywords/Search Tags:juvenile delinquency, diversion of Justice, decriminalize, establishment of system
PDF Full Text Request
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