Research On The Juvenile Criminal Prosecution System

More than one hundred years ago, Mr. Liang Qichao shared his analysis aboutthe future of China in <Views on Chinese Youth>:‘If the young are wise, rich, strong,free, independent and eager to make progress, so will be the country.’, which fullyshows that the young are the future of our nation. The young in justice system refersto juvenile under the age of eighteen. Juvenile delinquency has become the subject ofwidespread public interest. It not only damages the mental and physical health of theminors seriously but also is the obstacle to the construction of Socialism with Chinesecharacteristics and the harmonious society. So it is urgent and of great significance toprevent and reduce youth crime and save youth from delinquency. The criminaljustice system is the most effective way to regulate youth crime. Many scholars havecarried out a lot of research on teenager judicial system and have obtaineddistinguished achievement but most of them are confined to the trial system and thejuvenile criminal prosecution system is still in the process of developing. Being theimplementing subject of the juvenile criminal prosecution system and institution forlegal supervision, People’s Procuratorate plays an important role in criminalprocedure. It deals with the cases of juvenile delinquency directly and is at the leadingedge of managing youth crime therefore it is necessary to conduct research into thejuvenile criminal prosecution system and give a proposal for improvement.The thesis is divided into three parts and has twenty-five thousand words.Chapter one is the overview of the juvenile criminal prosecution system in China,which started late and is still in the process of improving. Through the review of theorigin, development and consolidation of the juvenile criminal prosecution system inChina, this part will clarify the history and current situation of it. It will also analyzethree bases of the juvenile criminal prosecution system which are theoretical basis,legal basis and practical basis, and three characteristics which are demonstratingdignity and freedom, emphasis of the two-way protection and the pursuit of justice.Finally the current content of the juvenile criminal prosecution system in China willbe introduced comprehensively and specifically.Chapter two is about the practice of the juvenile criminal prosecution system inPeople’s Procuratorate of JieDong County, Guangdong Province. JieDong County is acounty of eastern Guangdong province, China. It is densely populated and lessdeveloped, with intense social contradictions, poor social management andeducational system, and high rate of juvenile delinquency. Therefore the author will make a proposal to complete the juvenile criminal prosecution system afterintroducing the situation of juvenile delinquency of JieDong county for the last fiveyears and analyzing the problem of the system in practice.Chapter Three is about the improvement of the juvenile criminal prosecutionsystem. The system has made great achievement yet needs to be improved further dueto the problems in practice and the situation of the new period. However, it isnecessary to make the direction of improvement clear so we can obtain actual effect.We should educate chiefly and punish as a supplementary method. We should adhereto the principle that prevention goes first. We should be flexible and protect the minoroffenders comprehensively, preferentially and equally. We should also simplify theprocedure and handle the case swiftly.Finally, the author will put forward some ideas about how to refine the juvenilecriminal prosecution system. We can popularize the model of integration of cases,refine the way to arrest and sue minor offenders and improve the mechanism ofparticipation of appropriate adult and the mechanism of prevention.