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Some Problems Juvenile Criminal Proceedings

Posted on:2014-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:D LiFull Text:PDF
GTID:2266330392463328Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, our country minor crime has become increasingly serious and has become aurgent problem to be solved, Through the judicial relief way to guarantee the legitimate rights andinterests of minors should be more attach importance to it. On March14,2012, The fifth meetingof the11th National People’s Congress vote passed on to modify <"criminal procedure law of thePeople’s Republic of China> decision", Revised the criminal procedure law is particularly strikingis added "minors" criminal procedure discussed, That means in the criminal justice system offersminors system protection and legal basis."Criminal procedural law" in a special program forminors criminal case judicial proceedings to discussed with rules, a total of eleven legal provisions,the preliminary constructed the basic frame of juvenile criminal proceeding in China, Whichmainly include "education, persuasion and redemption" policy,"education is given priority to,Punishment is complementary" principle, set up related minors special litigation rights and speciallawsuit system, ensure that in this last line of defense for criminal justice provide safeguardminors’ legitimate rights and interests protection. Discussed with provisions of minors’ criminalprocedure, Especially setting-up the strict restrictions apply measures to arrest system,Appropriate adult attendance system, The social survey system, Conditional non-prosecutionsystem, Criminal record storage system, Not only improve the juvenile criminal lawsuit system,but also our country juvenile criminal justice system marks an important milestone in the historyof, Marked the our country juvenile criminal lawsuit system construction on a new step,Highlights the country’s emphasis on juvenile crime problem and attention as well as to thedetermination of minors’ legitimate rights and interests protection. Comparative analysis ourcountry juvenile criminal procedure and the other countries outside of minors’ criminal procedure,In combination with judicial practice, is not hard to find new minors criminal procedure in thecriminal procedure law still has deficiencies need to be studied and improved, by analyzing theproblems in the judicial practice, puts forward opinions and Suggestions of related institutionalchanges, in order to complete of minors’ criminal procedure to some beneficial enlightenment.
Keywords/Search Tags:Juveniles, Criminal Procedure, Foreign minors litigation procedure, Lawsuit system perfect
PDF Full Text Request
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