Research On The Application Of Arrest Measure Of Minor

Due to the highly increasing of juvenile crimes, the study on juvenile delinquency has been widely paid attention to in recent years. Moreover, because of their physical and mental deficiency, the juveniles should be given specific protection. On the problem that if juveniles should be arrested or not before going to the trial, the Chinese legislations seemed to being more principle instead of effectively practicing. In addition, as the application of guaranteed pending trial has been in lowly rate, it indirectly results in the problem of higher arrest rate. In that case, it could not effectively protect the legal rights and interests of youngest. Therefore, in the progress of promoting juvenile justice, the application of juvenile arrest measures, also as an important segment of the judicial process, should be paid special considerations on solving the problems facing to the juveniles. The application of arrest measures directly results in the starting of judicial procedure. This paper will be divided into four parts to analyzing the issues of the measures of arresting juveniles. The purpose of this thesis is to perfect the arrest system and the alternative measures of arrest, thus reducing the applying of the numbers of juvenile arrest, so as to protect the juveniles’rights and their safety.The first part analyzes the characteristics of juvenile suspects. Minors are emotional on committing a crime, and they hardly commit a crime after premeditation. Therefore their subjective malignant is not seriously. The reason why they commit a crime is mostly due to the lacking of the guardianship responsibility from the family and the school. And they are not mature and easily be influenced by others. They do not have correctly cognitive abilities for their own actions and consequences of those actions. Furthermore, most of juveniles regretted after the crimes they have committed. Therefore, the characteristics of juvenile suspects shows more infringement on property crimes, and is easy to be educated and persuaded. Compared to adults, they are less dangerous to the society and so on. Therefore, the penalty is not an effective way to solve these problems. The judicial authority should pay more attention on how to help juveniles to recognize their mistakes fundamentally, and then sincerely repent. It is also the ultimate aim of punishment. Meanwhile, the juvenile arrest would have a lot of disadvantages. Many international conventions and treaties, which regulate the basic principles of the coercive measures for minors, is aiming to protect the rights and interests of minors, and, to the greatest extent, avoiding the minors entering into the judicial process in order to reduce detrimental impact on minors’ growth.The second part analyzes the relevant provisions of arrest of the juveniles in China. Because China does not have an independent and separated juvenile law, all provisions are distributed into various legislations. Although some provisions provide the corresponding rights to the juveniles, it did not provide safeguards for the implementation of rights. This results in that they can not get salvation when the rights have been infringed. China has a very high arrest rates. Moreover, once the arrest is applied, it will be continued to the end of the court under most cases. Juveniles should not bear the responsibility alone, the inescapable responsibility is also goes to their families, their schools and the society. We should work together to help rehabilitate juveniles. Minors should be given highly attention to. However, there is no significant difference of applicable measures between minor crimes and adults’crimes in our country. And because of the risk exists in guaranteeing, obtaining a guarantor pending trial is barely utilized. Many provisions do not reflect the purpose of the protection of the minors’rights and interests. It does not achieve the expected effect of lawmakers perfectly.The third part is to examine the relevant provisions of extraterritorial arrest minors. At present, most countries have relatively perfect juvenile bail system, which is as an alternative measure of custody. Existing as a right, bail system has a variety of ways and corresponding bail mechanism to support, and more, the bail relief procedures. Many countries also have established arrest hearing procedure in order to maximally avoid juvenile suspects being arrested for custody. By the tripartite participation in the hearing, they determine whether apply to arrest or not and also have the relief measure as a guarantee for hearing process. The main purpose of these regulations, on the one hand, is to ensure the successful and smooth proceedings even without detaining conditions. On the other hand, it can avoid other negative effects in the condition of custody for juveniles. Bail system and China’s system of awaiting trial on bail have many similarities. Through the provision of certain security measures, they are all aiming to protect juveniles from the custody. These rules have an important impact on the improvement for Chinese system of awaiting trial on bail and the establishment of hearing procedures,In the end, the author aimed to improving arrest measures of minors depending on the foreign experience and inspiration. The progress of juvenile justice is a key part to judge the development of a civilized country. Therefore, on improving juvenile justice, the application of coercive measures is placed as a primary problem to be solved. Concretely speaking, first, by drawing on the relevant provisions of the bail system to improve the guarantor pending trial system, thus make it be the alternative measures of custody as the same nature for bail. Secondly, the lawyers should be given more rights to enable them to strive for the best interests of juveniles. Thirdly, the maker of social investigation report should not only include public authority,but also should include a lawyer. Finally, by the important role the social investigation report plays, our country should establishing and improving the hearing process, and also enhancing the conditions of arrest to reduce arrest rates. The high rate of arrest in the minors has become a prominent phenomenon of criminal justice in China, therefore, the arrest is not the best way to the juvenile offenders. It should served as a last resort We should strive to improve the relevant system in order to achieve a strictly limited arrest, because this is a more reasonable way to treat juvenile suspects.