Construction Of Diversion Of Juvenile Justice System In China

In recent years, the community is very close attention to juvenile delinquency problems. Juvenile crime has brought great harm to the whole society, in this paper how to seek the reasonable way to carry out the necessary of its transformation, these problems have increasingly become the focus of people thinking. Compare this to, in the long time development, many foreign advanced and mature juvenile justice idea and system appear constantly. In these areas, the construction of China’s judicial diversion system still has a great gap.The term "diversion" in China is a relatively new formulation, currently there is no monograph, few research in this area, more is the point of the system in terms of foreign ideas, discusses the system construction is very rare. Therefore, the author thinks, diversion of juvenile justice system also has the value of big research space and research at the present stage of our country. In view of this, this paper will be based of diversion of juvenile justice system to encourage young offenders from severe, lengthy criminal procedure and other characteristics, a more in-depth analysis of issues related to this system on this basis, trying to put forward some ideas of juvenile justice in our system.In order to establish the diversion of juvenile justice system is a set of system.Specifically, this paper consists of four parts:the first part:summary of diversion of juvenile justice system, it is the theory part, mainly introduces the concept of juvenile, diversion, history of diversion of juvenile justice system, diversion of juvenile justice system concept and theoretical basis, the basic characteristics of juvenile justice transfer system.The second part:diversion of juvenile justice system of international standards and foreign experience for reference, the international standards as a reference standard, introduced the United States, Germany, Britain, diversion of juvenile justice system, construction of juvenile justice in our foundation system envisaged the groundwork for below. The third part:China’s juvenile justice to practice the system evaluation, based on current situation of the juvenile justice system in our country, carries on the analysis from the legislative and judicial practice of two big aspects, summarizes its deficiencies; and on the basis of the analysis to find out the reason. The fourth part:Construction of the diversion of juvenile justice system, the author thinks that the construction of juvenile justice in our office system should follow the education, reform, and education, supplemented by punishment, reduce judicial intervention principle, the principle of comprehensive investigation, community correction principle.On this basis, establishment of juvenile bail system, implementation of conditional non prosecution procedures, improve the non-penalty treatment, improve the probation, parole application rate, diversion system in juvenile justice expanded execution outside prison using diversion system in juvenile justice, for better implementation of security system, should also establish special community correction mechanism, perfect the underage criminal community correction system. Finally, the conclusion, summarizes the full text.