Common Criminal Cases Of Minors And Adults Divisional Prosecution System

Procedure separation system is one of the basic minor criminal justice system, which is widely recognized by the international community.It has great significance about implementing and reflecting the principle of protecting the interests of minors. Procedure separation system is clearly and concretely defined in many criminal judicial documents of United Nations. As an important part of the procedure separation system of minor criminal justice, divisional prosecution system is a very important specification and reflection on the stage of review and prosecution."The Provision That the Supreme Procuratorate Pleaded for the Juvenile Criminal Cases", which is promulgated and implemented on December 28,2006, first brought the divisional prosecution system about minors into judiciary, and has great legal value as an important system on juvenile criminal judiciary.Today,in china, during the development of the juvenile justice system, how to establish the divisional prosecution system of juvenile criminal cases through legislation is an important subject. Although many problems in practice need guidance with theory, yet the concern of the educational circles to the problem is rare. In this article, the author tried to research systematically on some basic principles of divisional prosecution system about juvenile crime cases, and specific matter appearing in our judicial practice, as well as countermeasure to solve the problem, through which the author hopes to help complete the divisional prosecution system about juvenile crime cases. This paper is divided into four parts:the first part is divided into three aspects, which is, from the perspective of joint crime between adolescents and adults, and the researches and analyses of divisional prosecution system on present as a starting point, and then the author discusses respectively about concept, characteristics and value, to highlighten the necessity and importance and set up the theoretical foundation. The second part introduce the divisional prosecution system in foreign countries, in order to further elaborate on our divisional prosecution system. The third part is divided into two parts, the first one is to contrast and analyse the current situation of divisional prosecution system through the introduction of legal basis of divisional prosecution system and local performance,the second one is to analyse the existing problems in the judicial practice and the reasons. The fourth part is the core of this thesis, on the basic of the existing problems in the judicial practice, learning from foreign countries relevant provisions of the judicial system, the author proposes the feasible plan to improve the the system on legislation layer and judicature layer.