The Study On The System Of Examination And Arrest Of Juvenile Suspects

The system of examination and arrest of juvenile suspects plays an important role in the juvenile prosecution system in China, which draws more and more attention along with the development of the system. In theoretical field, the principles, content, features, problems, improved measures and many other aspects of the system have been studied by many scholars. While in judicial field, the prosecution authorities keep innovating case-handling mechanisms, including the mechanisms of social investigation, criminal settlement and legal aid. However, although we place great expectations on the system of examination and arrest of juvenile suspects, the actual effect is unsatisfactory. Judging from the statistical data in recent years, the arrest rate for juvenile criminal suspects remains high, and there is no clear trend of improvement. In this case, as a long-term investigator working in the frontier of examination and the arrest, the author obtains urgent desire to conduct a comprehensive analysis of this system, and put forward his views and suggestions on the basis of practical work.This paper is illustrated from three parts as follows.The first part concerns with the basic situation of the system of examination and arrest of juvenile suspects from the aspects of the concept, development history, basic principles and content. The first is the concept. Departing from the research of Zhang Hongwei, it defines the system of examination and arrest of juvenile suspects, which constitutes the basis of the full text. It is followed by the development history. Although the system has not developed so long, it accomplishes a series of achievements. The next is the basic principles. Since the theoretical circles put forward different principles from different perspectives, the author after considering divides them into four categories: general principles, physical principles, procedural principles and working principles. Finally, it relates to the content. It is comprehensively discussed from three aspects: physical, procedural, operational mechanism.The second part analyzes the status of the system of examination and arrest of juvenile suspects both from the progress and weakness. Contrasting with the past, the existing system has shown significant improvements either from the concept, norms or mechanisms; but in contrast to the set requirements on legal entities, procedures, power-operating mechanism, it still remains much weakness.The third part proposes the corresponding comments and suggestions from the analysis of weakness of the system of examination and arrest of juvenile suspects. There are many reasons contributing to the inefficiency of the system: The first is the influence of traditional concepts; The second is the law fragmentation; The third is the drawbacks in the guaranteed pending trial system and residential surveillance system; The fourth is the imperfection of the national monitoring system; The fifth is unreasonable standards of performance evaluation. To solve these problems, the author thinks we should complete this system from the following aspects: The first is to update the judicial philosophy; The second is to complete a sound legal system; The third is to improve the guaranteed pending trial system and residential surveillance system; The fourth is to improve the public guardian system; The fifth is to ensure juvenile suspects an equal right to defense; The sixth is to determine the scientific assessment indicators.