The Study Of The Restricted Application To Juveniles Pretrial Custody

Along with the rights of a suspect to respect and gradually realized that pretrial of acriminal suspect in custody may cause damage, many countries in the world have stipulatedthe criminal suspect in pretrial custody enjoyed not right, unless there is not enough evidenceto prove that the criminal suspect in custody, will produce the criminal suspect fled or to theconsequences of crime. This case also applies to juveniles suspects, the juveniles is a criminaljustice should be most concerned about groups as criminal justice is the goal of the reform,the need to reform is crime juveniles. juveniles criminal litigation is one of the purposes of theprotection of juveniles, for juveniles suspects in pretrial custody shall be the application of theprinciple of caution, carry out restrictions to juveniles benefit maximization as the base,strictly limited arrested the applicable measures, reduce the rate of pretrial custody. Thisarticle through the empirical research and legal method study, and by the comparative analysisand the theory with the practice method, explore the juveniles pretrial custody restrictedapplication to related problems. Young judicial reform is the pioneer of criminal judicialreform and experimental field, although in this paper is the focus of the juveniles pretrialcustody restrictions applicable, but not only in order to promote and perfect the system of theyoung judicial, more hope to our country pretrial custody perfect the system of the beneficial.The article in addition to the front and ending, divided into four parts, totaling more thanthirty thousand words:The first part, juveniles pretrial custody restricted application to the paper. According tothe education in our country juveniles, help and reform policy, for a change in the criminalprocedure of punishment, presumption of guilt, abuse, torture is compulsory measures and soon the condition of criminal proceedings and proposed austerity, the criminal policy oftempering justice with mercy and international standards, etc are all required, in pretrialprocedure to restricted application to the juveniles suspects arrested measures to decrease asfar as possible to the juveniles suspects in custody shall apply.The second part, the reflection to juveniles pretrial custody restricted application. First,there are some problems in the juveniles pretrial custody: juveniles remained high rate ofpretrial custody and detain deadline long grim situation; In local juveniles suspects andelsewhere to juveniles suspects arrested for difference in treatment; The law does not have detailed regulations in the program of the review arrested lawyer intervention level, there isno specific provision in the new "criminal procedural law" that the interrogation of the lawyerpresent power, all these make juveniles suspects hard to get a lawyer and legal agent of theeffective help; At present the main applicable to juveniles suspects is arrest and detention,guarantor pending trial, such as residential surveillance alternative measures for custody oflow rate. Then article in our country to juveniles pretrial custody for many of the problems onthe cause analysis, sums up the existing concept behind the restriction, arrested conditionsexist defect, after catching custody necessity review shortage and custody alternativemeasures ineffectively and other factors.The third part, perfect the juveniles pretrial custody restricted application to train ofthought. First, strictly limit juveniles arrested conditions, in order to protect the legitimaterights and interests of juveniles, the juveniles suspects arrest should follow some special rules,such as the release for the principle custody as an exception, the principle of light to avoidheavy and overall investigation, as well as the comprehensive survey principle, in addition tojuveniles in applicable arrested should be especially takes into account some influencearrested measures applicable factors; Second, improve the juveniles review of arrestprocedures, including designate personnel to deal with on minors’ review of necessity ofnecessity, introducing hearing procedure, expand the legal aid and give a lawyer wheninterrogation present right; Finally, expand applicable of custody of the alternative measuressuch as a guarantor pending trial or be subjected to residential surveillance.The juveniles pretrial custody restricted application to the special principles, mainlyincludes release for the principle, detained for exception; avoid heavy principle and light iscomprehensive survey principle. and then puts forward the improvement suggestions: One isto the standards of proof from arrest, the penalty standard and arrested a necessity to strictlylimit the arrest of a juveniles condition; Second, we will improve the review arrested program,including designate personnel to handle for juveniles is of necessity to review of necessity,introducing hearing procedure, expand the legal aid and give a lawyer present and refinedright when the interrogation of necessity to continue censorship custody; Three is to expandguarantor pending trial, such as residential surveillance of alternative measures for custody.The fourth part, juveniles pretrial custody restricted application to supporting measures.To perfect our before trial of juveniles custody restricted application, needs to establish aseries of measures, for the pretrial custody restricted application to provide support and help, mainly including appropriate adults participating in system, strengthen the of a juvenilesregulatory and help and education, risk evaluation mechanism and criminal reconciliationdon’t capture mechanism.