The Research Of Juvenile Criminal Procedure In China

It is a trend of the countries that juvenile criminal procedure and adult criminal procedure separated of the juvenile justice system in the world.the Code of Criminal Procedure revised in 2012 which including Part Ⅴ special program,It has basically achieved differential treatment of juvenile and adult in criminal procedure. Which is great significance,not only show that relatively independent of the minors litigation system, but also indicates that China has a big step into the aim of improving the juvenile justice system.In this paper,the revised Criminal Procedure for clues, to combine the experience of the juvenile justice system between the domestic and the more developed countries,and summarize some of our juvenile justice system useful and worth learning experience.The paper is divided into three parts,of which the second and third part is the focus. The first part, the author focuses on the Law of Tang Dynasty and after the tang dynasty to the provisions of the juvenile justice system in our country,in order to excavate juvenile judicial system in our country’s historical origin and whether there is can be used for the construction of our country modern juvenile justice system.The second part focuses on extraterritorial juvenile justice system.the author make a comparison between related system and practice in our country and thematic development from concept,not to prosecute system and juvenile case handling process which is from the unique perspective in the juvenile justice system in the United States,Germany and Japan,in order to get some thinking direction of perfecting our country’s juvenile justice system.The third part based on the analysis of juvenile criminal cases in Code of criminal procedure,within the framework of the current juvenile justice system,from two aspects of theory and practice,the anthor propose to establish perfect system in Treatment System,Community correction,Personality investigation system and discusses how to perfect our country juvenile criminal case procedure and interpret them at the starting aim of guaranteeing the social order at the same time to strengthen the protection of minors.