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Research On Juvenile Crime Litigation Procedure

Posted on:2015-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:J B ZhangFull Text:PDF
GTID:2266330428964812Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The minor crime litigation procedure, a special procedure in criminal procedure, is the general name for a series of procedures applicable to minors in criminal cases shall be investigated for criminal responsibility of. In our country, the minor refers not to reach a certain age, did not enter the adult state. Juvenile delinquency refers to minors to commit crimes in specific provisions of criminal law, causes the minors embark on the road of crime include family, school and social reasons. The establishment of juvenile criminal procedure in order to better fight against minor crime, in order to curb juvenile delinquency growth; also in order to better protect the procedural rights of the juvenile; and the establishment of juvenile delinquency proceedings but also in line with international standards, promote the internationalization of China’s criminal procedure.The minor crime litigation procedure is a special procedure in criminal procedure law, its operation and improvement through a long process. The juvenile litigation procedure is based on the minor special crime awareness on the up, specifically the specificity of minors, modern criminal law theory and the influence of "parens patriae" theory and "Xu you" and so on, is the foundation of the construction of minors litigation theory can be. The juvenile litigation procedure principle of minors in criminal cases beginning, mainly include:education, supplemented by punishment; divisional processing; guarantee minors shall enjoy the right of action; comprehensive survey; rapid simple. These principles throughout the minor crime litigation procedure and the main stage, universal or major guidance and normative effect on the juvenile litigation procedure, as the basic norms of specialized state organs and litigation participants must follow.2012criminal law has established three special system of juvenile criminal cases procedure, namely the minor social investigation system, conditional non prosecution system and the minor crime record storage system. The interpretation of the three systems, analysis of juvenile delinquency proceedings may have problems in the implementation, such as specialized juvenile program system deficiencies, professional and financial security problems of minor legal aid, appropriate adult participation system is difficult to get effective implementation issues, legal nature and the thinning problem investigation report of the society, the conditional non prosecution condition is harsh and the minor crime case judgment should be separated from the question of. Finally, the existence of these problems, and further put forward, to ensure the correct implementation procedure of juvenile crime and delinquency.Of course, improvement of any system is a complex process, and its reform and improvement could not accomplish at one stroke, research on juvenile delinquency proceedings will also experienced such a process.
Keywords/Search Tags:Juveniles, Litigation Procedure, Special Procedure
PDF Full Text Request
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