System Improvement Of Juvenile Criminal Proceedings

The minors are always thought to be the future of their country. From ancient times,they have been treated specially by the criminal law in our country, which is therequirement of our country’s development in the future as well as the particularity thatthe minors themselves differ from the adults. Since our country has entered the societyof rule by law, special attention has been paid on the minors in the legislation. As therate of the minor crime increase dramatically, relevant regulations about the minorcrime has been improved gradually in terms of the criminal law in our country since theReform and Opening. In2012, the criminal legislation procedure for the minor’scriminal cases has been separated as an individual chapter in the new revised CriminalProcedure Law of the People’s Republic of China, from which we could see that specialattention has been paid on the minors from the aspect of procedure law in our country.However, compared with other western countries in the advanced system from judicialaspect, the criminal legislation procedure for the minor’s criminal cases in our countrystill does not meet with the international advanced level and needs to make someprogress.Since the Reform and Opening, the rate of minor crime has been increased somuch that it has become one big hidden trouble for the peace of society. In addition,there is some particularity in minor crime compared with adult crime. At the beginningof this paper, the significance of existence of the criminal system for minors wasemphasized. Then, the current situation about the criminal lawsuit institution for minorwas analyzed. We have to admit that significant improvement or a qualitative leap hasbeen made in revising the criminal legislation procedure for the minor’s crime, such asadd the minor conditional non-prosecution system, basic survey system and the criminalrecords archive system. The new added systems borrow a lot from the internationaladvanced criminal system for minors at present, which reflects the determination tolearn from foreign and join the international conventions with reference to the worldstandards. However, in addition to the progress we have made, we should notice that theinsufficient in the special proceedings for minors, which should be gradually improvedin practice.As for the idea for perfecting the criminal system for minors, establishing specialdepartment that deals with the minor criminal cases at the stage of case registration, investigation and prosecution, which should be benefit for improving the efficiency indealing with the minor crime cases, was put forward. In addition, the advice for basicsurvey system and the supervision for inspection subjects with conditionalnon-prosecution were presented. What’s more, in the aspect of minor trial proceeding,minor court should be set up in order to separate from the existing normal court systemand deal with the minor crime cases independently. The criminal legislation procedurefor the minor’s crime could be improved gradually through these ideas about the courtsystem, and the complete pattern in dealing with the minor crime cases independentlycould be established eventually.