A Study Of The Protection System Of The Privacy Right Of Accused Juveniles

Juvenile justice system is one of the symbols which measured by whether their mechanism of national law is sound or not. Juveniles possess the characteristics of the developmental immaturity and unhealthy psychology. They are more affected by the harmful effects than others from the external environment. Thus, it is likely that such juveniles may easily be led astray and embark on the criminal road. International organization establishes the special protection system which would avoid the bad influences of the development of juveniles on account of the criminal behavior. It is one of important parts of the protection of the privacy right of accused juveniles. In China, it has done specialized legal provisions about the rights of juveniles and the protection of the privacy right, namely the Law of the People’s Republic of China on the Protection of Minors, the Law of Preventing Minors from Committing crimes and the Criminal Procedure Law of the People’s Republic of China (2012 Amendment). However, based on the current legislative situation, it still exists problems about the protection of the privacy right of accused juveniles which are several aspects as follows:incomplete protection scope, lack specialized protection organs, lack punitive measures, imperfect relief approach, unlimited right of the media coverage and so on. In order to protect the rights of the juveniles, we need perfect the protection system of accused juveniles which would make them become legal resident who can be capable of contributing to society. This paper studies the protection system of the privacy right of accused juveniles among the extraterritorial system which based on the exposition of the meaning, characteristics and the significance of protection of the privacy right of accused juveniles.In addition to the introduction and conclusion, the thesis is divided into four parts:Part One:It makes an exposition about the legal principle interpretation of the privacy right of the accused juveniles. It explains the meaning of the juveniles, the privacy right, the privacy right of accused juveniles.Part Two:It introduces the relevant legislation about protection of the privacy right of accused juveniles. It mainly discusses the representative countries which include the Britain, the United States, Australia of the Anglo-American Law System and the Japan, Germany of the continental law system and the international organization. On this basis, it points the the reference meaning to China from the extraterritorial system.Part Three:It expounds the existing problems of protection system of the privacy right of accused juveniles. Based on our current legislative situation, analyzing the problems about the protection of the privacy right of accused juveniles which are several aspects as follows:incomplete protection scope, lack specialized protection organs, lack punitive measures, imperfect relief approach, unlimited right of the media coverage and soon.Part Four:It puts forward proposals to perfect the Chinese protection system of the privacy right of accused juveniles. This part puts forward the corresponding perfection suggestions on how to expand the protection scope, establish the specialized security organs, perfect the criminal records management system, formulate the punitive legal consequence, clear the relief system and limit the right of media coverage as it is based on the existing problems from the third part.