Font Size: a A A

Minors Under The New Criminal Procedure Law Perspective Criminal Prosecutions System Construction And Improvement

Posted on:2014-06-03Degree:MasterType:Thesis
Country:ChinaCandidate:D H WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
The newly revised "Criminal Procedure Law"(hereinafter referred to as the new "CPL") was January1,2013came into effect, especially the addition of the "proceedings in juvenile criminal cases," a special chapter, the initial construction minors our country the basic framework of criminal proceedings, and strengthen the legitimate rights and interests of minors parties special attention and protection. Supreme People’s Procuratorate in October2012issued "on further strengthening the work of minors, criminal prosecutions decision" in the integration of the state in recent years have been introduced on the basis of the relevant laws and regulations, to further clarify the juvenile criminal prosecutions development ideas and direction, but also on juvenile criminal prosecution put forward new and higher requirements. However, at this stage as the juvenile justice system, an important part of the juvenile criminal prosecutorial system, there is still a lack of systematic, standardized, effectiveness and operability and many other issues.By the author of the prosecution in criminal cases in juvenile status, role, procedural issues such as research, combined with their own criminal prosecution of minors engaged in work practices, evidence and comparative analysis of a combination of methods, for our existing juvenile criminal prosecution system for reflection and constructivism.This paper discusses four parts, the first part of the current problem of juvenile delinquency and the juvenile justice system in China the status quo considerations, that the establishment and improvement of practical juvenile criminal prosecution system is the new "CPL" effective implementation of the an important guarantee and necessary complement to the promotion of our judicial process is of great practical and social significance. The second part of the implementation of the new law has been discovered by the new situation, the judicial practice found new problems with foreign juvenile criminal justice system, compared to identify the crux of the problem. By the third part of the development of juvenile criminal prosecution history, juvenile criminal prosecution system analysis of the research results, combined with the current number of innovative practices designed to build systems with a focus on trying to find a solution to the problem and approaches. The fourth part is the focus of this article. To keep up with the pace of the criminal legislation to meet the needs of judicial practice, proposed to establish and improve relevant legislative and judicial systems, as suggested radically reducing and preventing juvenile delinquency of minors for the entire criminal justice system to build the foundation.The main point is that "justice is to protect citizens’legitimate rights and interests, to achieve fairness and justice of the last line of defense, but also to protect the healthy growth of minors indispensable tool." Minors are minors, criminal prosecution system an important part of the judicial system, guide and lead are the basic functions of the system, the revised "CPL" to promote the country’s juvenile justice system, the development process for minors the formation of the judicial system to build the basic framework, but still in its infancy, with the corresponding variety of supporting institutional system has not yet formed, minors substantive criminal law and procedural law is still fragmented by a number of laws, regulations, judicial interpretation or prescribed by the department to be regulated, resulting in the lack of systematic judicial practice and operability. Of minors criminal prosecutions, though started late, but rapid development, the lack of systematic system requires very uneven regional development, the operation is not the same, resulting in inconsistent enforcement, non-standard conditions prevalent, serious hinder the development of juvenile criminal prosecutions. Explore building is in line with the development of the concept of international justice, but also to adapt to China’s national conditions, comply with the opinion of the juvenile criminal prosecutorial system, has become the current solution juvenile delinquency prevention and control, fundamentally curb the high incidence of juvenile delinquency situation an important issue.The significance of this study, a minor is a minor criminal prosecution system an important part of the judicial system, to further improve the existing system based on the absorption of minors in judicial practice in recent years, the formation of more mature experience and boldly learn from foreign success experience, to build both reflect prosecutors attribute, but also with both physical and mental characteristics of minors education, prevention function specification, sound and effective new era system of juvenile criminal prosecution system, the promotion of our judicial system and the development of great significance.
Keywords/Search Tags:Thenew Codeof Criminal Procedure, juvenile criminal prosecutionsystem, build, perfect
PDF Full Text Request
Related items