Status Quo Analysis On China’s Minors Trial

The construction and perfection of juveniles trial system has been the focus in the area of theory and practice. Since none unified Criminal Procedure Code for Juvenile has been enacted, some provisions concerning juveniles trial were scattered in "Criminal Procedure Code,""Prevention of Juvenile Delinquency law">"Juvenile Protection Law" and judicial interpretations of the Supreme Court. Therefore, in practice, the current trial system of Juvenile often stays in the surface, which seriously affects the gurantee of rights and interstes of the juvenile suspects and the development of juvenile justice system. Combined with the survey result, and started from the typical problems happened in the area of injuvenile trial, discussions on forums adjudicating, the special system and trial procedures will be presented in this article.This article is divided into three parts. Each part of this paper roughly as follows:In the first part, the concept of minor and juvenile deliquency will be discussed, which is the theoretical basis of minors trial system. Through the analysis of the characteristics of minor crime, the status quo and trend of minor crime in china mainland will be discussed, and foreign juvenile justice system evolution will be introduced. Then the connotation of minors trial system and the basic principles in juvenile trial will be cleared.In the second part, by expounding the trial status quo of juvenile deliquency, the existing problems and reasons in minors case trial will be analysised, such as the lack of the establishment of juvenile court, the limits of the scope of accepting cases, the failure of the implement of the divisional processing and so on.In the third part, to provide a powerful system to the adolescents’right protection, and to achieve the purpose of better prevention and reduction of juvenile delinquency, some specific measures are put forward, such as expanding the scope of the case by the court of minors, perfecting personality survey system and criminal sealed system, improving divisional processing system and the court extension work, etc.