Comparative Research On Juvenile Criminal Justice System Between China And Japan

The juvenile criminal justice system was generated and developed from the late19century, especially after the World WarⅡ due to the increasing upsurges ofjuvenile delinquency had come to be a severe social problem. At present, the juveniledelinquency has becoming into a serious international problem following the drugabuse and trafficking and environmental pollution, which is not only involved in oneor several countries. Prevention and control of juvenile delinquency causedwidespread concern in the countries of the world, many countries have alreadyestablished the juvenile criminal justice system to adapt to their own society withtheir own distinctive, and at the same time, the system has in the continuousdeveloping and improving process with the changes of the national conditions and theemergence of new situations.However, our research on the subject of the juvenile criminal justice system isstill relatively weak, the theoretical development could not adapt to the urgentrequirement of the judicial practice and the social situation. Youth is the hope of thecountry, the nation’s future in China, in our country, the population of juvenile isapproximately400,000,000and about1/3of the whole population, how to do a goodjob of juvenile delinquency prevention and education related to the stability of ourcountry and the development of the nation, the completion of juvenile criminal justicesystem has become a practical necessity and urgency subject in front of the entirejurisprudence and the whole society. Since the1990s，our country have put emphasison the theory and practice of the juvenile criminal justice system, the current CriminalLaw, Code of Criminal Procedure and Prison Law stipulate several special regulationsand on conviction，proceeding and execution to juvenile delinquency; successivelyissued Protective Law of Juvenile, Precaution Law on Juvenile Delinquency alsoreflects the efforts made by country in the protection of juvenile’s rights and the prevention of juvenile delinquency; at the same time, Supreme People’s Court,Supreme Pepole’s Procuratorate, Ministry of Public Security, Ministry of Justice havealso distributed lots of related judicial explanation and guided documents which haveplayed a certain effect. In addition to legislation, the exploration and development ofthe juvenile prosecution system, the creation of the juvenile courts, the improvementof the juvenile justice and the juvenile prisons also fully reflect the national and socialcare for the juvenile growth in judicial practice. Meanwhile, we should also recognizethat China’s current juvenile criminal justice system is still in relatively early stage,there is a considerable gap compared with developed countries.In legislation, Japan has developed a separate Juvenile Law and Child WelfareAct, which formulated the complete and detailed management way for criminaljuvenile and wrongdoing juvenile from the substantive and procedural provisions. Inpractice, the distinctive juvenile policeman system and the family court system playedan important role for declining juvenile criminal rate in Japan in recent years. Stonesfrom other hills may serve to polish the jade of this mountain. Different form ofsociety cannot eliminate the common factors on causes and prevention education ofjuvenile delinquency. To the contrary, explore the outstanding foreign theory andpractice on juvenile criminal justice system using comparative reach, drawing withuniversality and regularity things for ours, makes benefit to pioneer research in thefield of China’s juvenile criminal justice system, improve the development of thetheory and practice, and even enrich and strength our criminal law science.This thesis tries to compare the juvenile criminal justice system between Chinaand Japan, analyze its characteristics, study its cause, pay attention to thedevelopment trends and absorb the advantages of Japan side, simultaneously, ponderhow to establish and perfect the juvenile criminal justice system that suits our countrysituation and has China’s characteristics.