On Restricting The Use Of Detention Against Juveniles

In China, the articles stipulated by law on restricting the use of arrest against juveniles are to general, leading to problems like high juvenile detention rate, long period of detention and inadequate implementation of corresponding measures, which is neither conducive to fight against crime, nor to realize special protection for juveniles. Therefore, to look into the status quo of how arrest is used on the under-age, then analyze its root cause and put forward improvement suggestions, will help restrict the abusive use of arrest on juveniles and thus give juvenile delinquents a better chance to return to society.In general, this paper consists of two parts: introduction and the body, of which the body is divided into three chapters, altogether around 45,000 words.Chapter One delved into the reason and significance of restricting the use of arrest against juvenile delinquents. To restrict the use of arrest against juvenile delinquents means, while dealing with juvenile criminal cases, the judiciary should take all related factors into consideration and prefer non-custodial measures whenever arrest is avoidable, thus make arrest an exception instead of a common action. Relevant international regulations, legislation of other nations and our law all have laid out related articles on this point. To strictly restrict the use of arrest against juvenile delinquents is an important part of the “temper justice with mercy” policy as well as decriminalization and light punishment mechanism. It plays a vital part in minimizing the negative influence brought about by criminal indictments on juvenile suspects and defendants, save litigation resources and improve proceedings efficiency, thus has important practical significance.Chapter Two discussed the status quo of arrest used against juvenile delinquents and its causes. The current status is as follows: First, the detention rate is too high and detention time range too long. In reality, however, to juvenile delinquents, as is to adult criminal, arrest is also a common action while bail becomes exception; there is not much difference between the proportion of arrests used on the under-age from that of adult suspects, which does not reflect the differentiated treatment required by law. Second, there is a distinction in the way that arrest is used on local and outsider juveniles. The proportion of arrests used on non-local juvenile delinquents is conspicuously higher than on local ones, showing that domicile becomes an important element in the process of law enforcement.Third, after arrest, there is no or inadequate investigation on the necessity of holding these under-age criminal suspects, leading to a large number of unnecessary long-term custody where the suspects can be released or given an alternative action Fourth, alternative measure for custody is insufficiently used. The main alternative- bail is used in a very limited number, which shows that the restricted use of arrest on juvenile suspects is fully implemented. There are some reasons behind this problem: 1. Lack of distinguished standards. There is no clear differentiated standard separately applied on adults and the underage, resulting in insufficient protection of the latter. 2. Lack of legitimate arresting procedures, which includes: the Police failed to clarify the credentials while executing arrest; the suspects and their counsel didn’t fully played their role; the inspector didn’t fulfill their responsibility. 3. In China, the arrester can decide on an arrest action; three levels of approval are needed to exempt an arrest, which caused that the arrester more often than not favors arrest to avoid possible mistake. 4. Lack of manpower in front of a large number of criminal cases compromised the necessary investigation, especially in the local procuratorate of some developed areas because they don’t have time for cases that have been approved arrest warrant. 5. Imperfect alternative measure for custody. The current alternatives-bail and living at home under surveillance are defected to different degrees, and can’t effectively replace custody.Chapter Three put forwards suggestions on restricting the use of arrest against juveniles. To address the above-mentioned problems and the reasons that cause them to happen, we should take measures from the following five aspects to restrict such abusive act: 1, Strictly clarify the qualifications that form an arrest, including the crime qualifications for the under-age and practice “decriminalization”- for those juveniles who committed minor crimes, arrest should be avoided if possible. The arrest review should focus on the social harm that the crime has/may have, thus restrict the use of arrest from the source. 2. Improve the procedures of arrest investigation. Efforts should be made to standardize the procedure, set up hearings and assign particular personnel to ensure its implication. 3. Improve the institutional system, including carrying out group discussion to determine whether arrest is necessary; apply the principle of “decriminalization” and avoid arrest whenever possible; giving the suspect opportunity to explain before arresting and rectify themselves under the public supervision. 4. Enforce the investigation for arrest validity after the suspect is in custody, and make it a routine work. 5. Increase the alternative for arrest, and establish a system with bail and living at home under surveillance at its core, complemented by various alternative measures.