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The Research Of Juvenile Criminal Trial

Posted on:2013-07-28Degree:MasterType:Thesis
Country:ChinaCandidate:Q XuFull Text:PDF
GTID:2256330395488216Subject:Litigation
Abstract/Summary:PDF Full Text Request
As a special group of young people, they need the criminal trial mode which meet totheir physical and mental characteristics,and which is different from the adult criminal trialmode, then it reflects the principle of the welfare of children. In this paper, from theestablishment of the guiding value of the trial mode, selection of the trial mode, to theimprovement of the juvenile criminal process is the line of thought, and then with comparedto the international provisions on the value of children court trial and the manner of foreignmade, I had a way to improve ours.There is about t30,000words in this article, and be divided into four parts, each part ofthe specific content are as followings:The first part of this article detailed analysis the physical, psychological and socialcharacteristics of the juvenile and then think that they are forgiveness、vulnerability andrehabilitative. So juvenile need to be treated differently. And this provide the theoreticalsupport for the establishment of the juvenile trial mode.The second part discusses the value of the juvenile trial. This section discusses theselection of one trial mode, you must first to determine the appropriate value of the trial. Thencombined with our current juvenile justice policy and law, we think that the value of juveniletrial should be these: children welfare, appropriate punishment which is different from adult’s,protection of the victim’s and social’s interests.The third part of the article mainly study and learn juvenile criminal trial mode of theoutside. The juvenile trial provision of the UN represents the mainstream of the world’s ideasand trends. So we first describe the UN’s provision. Followed we learn about a fewrepresentative countries on the juvenile trial. Last we conclude the developmentcharacteristics and trends of trial outside, and provide a reference for china.Part IV, which is the last part of this article, we learn about the and improvement ofchina’s juvenile trial in the based of the above parts. Through the analysis of the currentsituation, we get the understanding in the juvenile trial of china. On this basis, combined withthe trial value of juvenile and learned outside of the beneficial provisions, we give theseproposal: selection of the trial mode, improvement of the court environments, improvement of the trial facilities and protection from the due process. Our purpose is to improve china’sjuvenile trial and maintain the interests of children.
Keywords/Search Tags:Juvenile, welfare, Guiding Value, The Mode of The Criminal Trial, Due Process
PDF Full Text Request
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