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On Juvenile Civil Trial System

Posted on:2014-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:A D ChenFull Text:PDF
GTID:2256330401980581Subject:Law
Abstract/Summary:PDF Full Text Request
Juvenile civil trial system is the crucial part of juvenile judicial system, traditional theoreticalresearch on juvenile trial mainly focuses on criminal field, which neglects the fact that the requirementson the protection of civil rights are closely linked with the interests of juvenile. Therefore, it shouldattach great importance to protect civil rights and interests of juvenile while emphasize the specialprotection of juvenile in criminal trial, and this special protection should be centralized in juvenile civiltrial system.This thesis reviews the achievements and experience of juvenile judicial system from the historicalevolution of juvenile civil trial in China. It analyzes comparatively the advantages of internationaljuvenile civil and criminal trial and summarizes the characteristics and enlightenment of internationaljuvenile civil trial. Based on comprehensive analysis of the pros and cons, this thesis proposes that thedilemma in our juvenile civil trial lies in lack of enough attention, unclear concepts, absence oflegislation, amateur organization and incompetent personnel in juvenile civil trial and shortage ofspecial mechanism in procedure. In addition, unsound and incomplete of juvenile civil trial also hinderthe development of juvenile civil trial system in China.Facing these problems, this thesis pay great attention to the specialty of juvenile cases and upholdsthe principle of best interests of children; perfecting legislation by making up legal defects in juvenilecivil trial in the process of constructing juvenile law system; strengthening the construction ofspecialization both in trial organization and its personnel in order to improve the trial organization;exploring and researching the perfection of juvenile civil trial in our country on the basis of constructionof special civil trial for juvenile. This thesis mainly discusses the scope of juvenile cases in juvenilecivil trial, the establishment of litigation mode centering on authority and adversary as supplement andconstruction of special procedure aimed at ensuring the juvenile enjoy the qualification of independentsubject in civil trial.
Keywords/Search Tags:Juvenile, Civil trial, Special procedure
PDF Full Text Request
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