On The Improvement Of The Juvenile Criminal Procedure System In China

Juvenile criminal procedure system is a special system of criminal proceduresystem. Compared with ordinary procedure system, Juvenile criminal proceduresystem faces more value conflicts and value choices: on the one hand, as one of thecriminal system, Juvenile criminal procedure system has the responsibility to realizeand balance the values between fighting crime and protecting human rights, litigationjustice and litigation efficiency and so on; on the other hand, Juvenile criminalprocedure system should give juvenile suspects or defendants more protection basedon its particularity and the physical and mental characteristics of minors. Therefore,these value pursuits not only determine the particularity and complexity of the basicprinciples, concrete system and program design of juvenile criminal procedure system,but also the relatively independent position of juvenile criminal procedure system inthe national judicial system.In our country, the <criminal procedure law> enacted in2013set up the chapterof minor criminal case proceedings separately, which makes juvenile criminalprocedure system more unified and systemic. However, this system still has many defections and it is necessary to draw lessons from foreign advanced system to makeit perfect. This thesis puts forward the idea of perfecting the system in China in theperspective of the French juvenile criminal procedure system.There are four chapters of this thesis.The first chapter is about the overview of juvenile criminal procedure system andmainly introduces the concept of minor (section1), the principles of juvenile criminalprocedure system (section2) and present situation of the juvenile criminal proceduresystem in China (section3).The second chapter is about the evolution and development of juvenile criminalprocedure system of France. This chapter introduces three stages of juvenile criminalprocedure system in France: the first law about juvenile crime-Youth protection andobservation act (section1), the charter of minor crime-law of minor crime (section2),and a surge in the rate of minor crime waves law changes-the law reform after1945(section3).The third chapter is about the comparison of juvenile criminal proceduresystems between China and France. There are two sections in this chapter: one is thesimilarities of the two different systems and the other one is the differencesbetween the two different systems.The fourth chapter is about perfecting Chinese juvenile criminal proceduresystem. There are four sections in this chapter. The first section is the constitution ofan independent juvenile criminal procedure; the second section is to perfect thesystem of social survey; the third section is to perfect the arrest system applied to thejuvenile suspects and defendants; the fourth section is to establish the system ofrecord elimination.