Studies On The Minor's Criminal Litigation Right Protection

Each minor is the hope of society, as the adult society we have a responsibility in the legal system and procedure for minors special care, are responsible in their life to provide more help. Especially for the entry in the criminal procedure of juvenile defendants rights and litigation rights and interests should be given more respect and protection. At present our country has not establish special juvenile criminal prosecution procedure, for the minors in criminal litigation right protection has a lot of flaws and shortcomings. In response to minor physical, intellectual and other aspects of development are still not perfect, self control ability and the ability to identify the poor, easy to accept new things, plasticity and adaptability are very strong minor own characteristic, considering them as the society 's minority groups, the balance of law should apply to the minors tilt. Therefore, in the criminal legislation for minors, based on save, to education, supplemented by punishment, implementation of"education, probation, save". This paper mainly from the construction of the underage criminal proceedings system proceed with, discussed the special litigation procedure theory, China's construction of the underage criminal prosecution procedure necessity, as well as China's present situation and the insufficiency, proposed own idea, with period with Chinese characteristics to the minors procedure of criminal case construction provides certain reference and reference. Specifically, that in the construction of the underage criminal prosecution procedure should carry out the criminal cases and criminal cases involving minor's divisional processing principle, to the minor crime suspect to conduct a comprehensive, detailed social investigation and the simplified principle of juvenile case. In the detection stage, minimize the minor coercive measures as well as take gentle ways of asking, does not let the minor suspects self-incrimination to safeguard minors' litigation rights. On the stage of review and prosecution, shall do so on the juvenile suspects should be less cautious catch, catch, except in special circumstances, should try to apply the decision not to initiate a prosecution, where conditions permit, the deferred prosecution. At the trial stage, through the establishment of juvenile court, make full use of the case as well as in the case of minor's compulsory defense to improve the juvenile criminal trial procedure. But in the implementation process, should be the minors were held, management, and according to the different ways of punishment, the criminal stain elimination system to slip and minor self-reflection and start with a clean slate opportunity, encourage minors to the integration into the community.