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Research On The Juvenile Criminal Prosecution System

Posted on:2014-08-30Degree:MasterType:Thesis
Country:ChinaCandidate:H HuFull Text:PDF
GTID:2256330425975118Subject:Law
Abstract/Summary:PDF Full Text Request
As an integral part of the juvenile justice system in China of the juvenile criminal prosecution system, although to a certain extent, has been built, but research is still in trial stage, also is unable to meet the needs of the current development of juvenile justice system in China. This paper is combined with related theories and cases, the development of China’s current juvenile criminal procuratorial system background, the research analyzes the present situation and existing problems, combining with the characteristics of minors’physical and mental, the development direction of minor criminal check system and outlook, hoping to find a able to strictly carry out the crime at the same time, protect the interests of the state and the specific consideration to the interests of the minors underage criminal cases meet the requirements of The Times development of minors criminal supervision system.In particular, the problem of the juvenile criminal procuratorial system in our country basically has the following several aspects:one is missing the minor criminal case processing professionals. Some relatively good judge no specialized is engaged in the juvenile criminal case, the juvenile court a misfit. On the other hand, the lack of criminal examination professional knowledge. Secondly, not strictly implement simple principle of the juvenile criminal case processing quickly, can’t timely education on minor crime, malocclusion and save, is likely to make it crime psychology and behavior, also will greatly enhance the chance of the criminal crime again. Third, social investigation report system become a mere formality, such as juvenile court education no pertinence, lack of standardized, systematic and scientific, before the court extended education is not in accordance with the program implementation, intermittent, not really play the role of the investigation report. Fourthly, minors not to Sue system is not sound, in the current criminal prosecution system in our country, and not sorry to run the program to make specific provision, also can produce contradictions and conflicts in practice.In view of the current existing problems, the article discusses the strategy to solve the problem of existence, first of all, the need to improve the professional quality of young prosecutors, strengthen juvenile prosecutor selection, from the source to good quality, but also to strengthen the quality of the training. Secondly, procuratorial organs should be in the judicial practice to strengthen the enforcement of the social survey system, strengthen innovation, constantly improving the procuratorial system. Once again, our country should establish a sound system of minors not to prosecute, build perfect system of minors not to Sue system. One is to be appropriate to relax the minor relative to the condition of not to Sue, the second is to improve public scrutiny before not to prosecute decision system. In addition, the procuratorial organs must be practical to carry out and improve the system of criminal prosecution procedure, promote the establishment of sound to deal with minor criminal case social education form a complete set of working system and minor crime prevention system. Finally, it is necessary to improve the system of perfect\"after the trial\" return visit to education, to better solve the record to the juvenile criminal study, employment, etc in the future the negative impact of the criminal record to avoid the negative effects of, can equal enjoy the same rights and opportunities with other normal person, to make it real to turn over a new leaf and return to society.
Keywords/Search Tags:Minors, The criminal prosecution system, Principle, Buildsystem
PDF Full Text Request
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