Research On Minors Pretrial Detention

Minors pretrial custody system is an important part in juvenile criminal justicesystem, the basic principle of requirement to treat minor criminal suspects shouldfollow the principle of legal principle custody, custody last, the principle ofproportionality of custody and the principle of effective relief and at the same timenational QinQuan theory, thought the presumption of innocence and austerity of acriminal action constitutes the minors the theoretical foundation of the pre-trialcustody restrictions apply. Many countries for minors pretrial detention system hasclear rules, is prominent in the United States and Germany, there are many in viewof the special protection of minors pretrial detention. Compared to minors pretrialdetention system in our country, many aspects is not yet mature, there are manyproblems to be solved. Pretrial detention applicable condition is flawed, pretrialdetention necessity review is insufficient, lack of alternative measures of custodyand a series of causes of the current juvenile criminal suspects pretrial detentionrate on the high side, reform must be perfected. We should be in line with the ideaof "education is given priority to, punishment is complementary to treat minorcrime problem, change the heavy, light protection ideas, reform of the minordefects existing in the pretrial detention system, to adapt to the modern concept ofcriminal justice., of course, improve the system of pre-trial custody of minorsshould also have a supporting measures, we can through the establishment of thecriminal case, to obtain a guarantor pending trial "fast-track" boarding, minors byrisk assessment mechanism, and a series of measures to perfect, at present ourcountry juvenile criminal suspects, in order to solve the problems existing in thepretrial detention system.