Research On The System Of Juvenile Identity Information Confidentiality In The Criminal Justice

The system of juvenile identity information confidentiality in the criminal justice is animportant measure to protect the rights and interests of the juvenile and it is a special systemfor the protection of juvenile. By using the confidential manner to the identity information, itsidentity information and its adverse experience will be separated. It aims at protecting thespecial privacy and protecting the juvenile offenders, the victims and the witnesses who aregrowing up from being discriminated by the public. However, there are prominent defects inthe relevant legislations about this system in our country. In order to protect the legal rights ofthe juvenile more efficiently, the present situation and the future of the system of juvenileidentity information confidentiality in the criminal justice deserves to be paid attention by thetheorists and the judicial departments. By using for reference the relevant system in foreigncountries and combining with the related law theory and practice, our country juvenilecriminal judicial identity information security system can be improved systematically.This paper is about thirty thousand words and is divided into the following six parts.In the first part, the paper analyzes the concept, the basic content, the legal basis and therights conflict of the system of juvenile identity information confidentiality in the criminaljustice. The author thinks that the system of juvenile identity information confidentiality inthe criminal justice is in order to protect the juvenile criminal suspects, juvenile victims,juvenile witnesses and the juvenile criminal’s legitimate rights and interests (i.e. specialprivacy) before the trial, during the trail and after the trial and ensure their healthy growth. Allthe insiders should not publicize the personal identity information such as names, photographs,residences, and family information etc. Then, it will discuss the theoretical basis mainly fromthree aspects: children’s maximum benefits principle, labeling theory and the penalty purpose.Finally, it will analysis the conflicts with the other rights.The second part introduces the system of juvenile identity information confidentiality inforeign criminal justice. From the outside investigation, system of juvenile identityinformation confidentiality in the criminal justice includes the prohibition of the mediadisclosure identity information, private trial system, record seal or even destroying systemwitness dormant system. This part introduces the provisions of this system of the internationaland foreign regions or countries from the above several aspects, in order to use for referenceto perfect this system in our country. The third part mainly introduces the current situation of the legislation of the system ofjuvenile identity information confidentiality in the criminal justice in our country. In ourcountry, there are no special laws and regulations of the system, but referring to the law suchas The Protection of The Juvenile, The Prevention of Juvenile Crime, Criminal Law andCriminal Procedural Law and some judicial interpretations. The new Criminal ProceduralLaw complements and perfects the system.The fourth part mainly analyzes the problems in the system of juvenile identityinformation confidentiality in the criminal justice. These problems include the legislativedefects and lack of justice. The legislative defects of the system mainly discuss from thecontents of the system and analyze them one by one. Justice shortage contains the lack of theconcept and lack of protection caused by the deficiency of accountability mechanism and theright remedy mechanism.The fifth part puts forward the feasibility suggestions to the problems of the system ofjuvenile identity information confidentiality in the criminal justice in our country. It includesthe legislative and judicial perfection of this system. The improvement of the legislation isdiscussed from each system, the measures includes widening the scope and clearing legalprovisions, etc. The justice perfect includes updating concept and improving the responsibilitysystem and relief mechanism.The sixth part analyzes the supporting measures to perfect the system of juvenile identityinformation confidentiality in the criminal justice, including establishing participants securitysystem, establishing a special handling mechanism in the nation, establishing a special filemanagement system, and the multiple department coordination mechanism and regulationdivisional trial system.