The Right Protection In The Minor’s Criminal Litigation Of Our Country

The minor period is the child, is the doll, so we should attach great importance tothe problems of minor crime from the perspective of the future of our country andnation, then clear responsibilities and come into comprehensive prevention andcontrol. Due to the immaturity of minor’s body and mind and the particularity ofreasons involved, so comprehensive reinforce of minor’s right protection in criminallitigation is not only the inherent requirements of the international juvenile justice,but also the important content of the law in our country. And it has been reachedbroad consensus on the minor’s right protection in criminal proceeding in today’sinternational community, some international conventions like Convention on TheRights of The Child and Peking Rules all reflects that the minor involved should begiven the special juridical protection. The international community is believed thatthe special protection, preferential protection and benefit maximization of the minor’sbenefit are the basic concept to abide for handling the minor criminal cases, which isjust said zero tolerance to those behaviors with any possible neglect or abuse ofminor’s litigation rights. The juvenile criminal procedure, which has been discussedin an exclusive chapter in The Criminal Procedure Law of our country and Law ofProtection Minors both reflect the judicial concept of giving minors within crimes thespecial protection, it is the necessary logic for parents patriae to establish judicialsystem in the protection of minor’s criminal litigation right, and also promotes andprotects the legitimacy and legality of minor’s special litigation right.In the juvenile criminal justice, the possibility of damage to the litigation rightsfor the involved minor will increase greatly due to the influence of parents patriae,and the right of the minor is the same as the right of other citizens, it should neitherbe ignored nor be deprived. Therefore, the concept of setting up this kind of specialprotection for the right of the minor, is not only the premise of full protection forjuvenile right, but also the soul of juvenile criminal judicial system and judicial practice.In our country, the system of the minor’s criminal litigation is developed inpractice constantly, so in terms of the present judicial practice, it has not yet formed asystematic, integrated and maneuverable legislation system to effectively protect theirrights for the minor involved in criminal litigation. And just because of the lack of areal juvenile criminal litigation system, thus making the reference to the litigationsystem of adults mostly, so there will be a lot of defects on the system of protectingthe minor’s right, and the rules of protection for the minor are all concentrating on thetrial stage, existing the provisions of principle and general, these are unfavorable forthe education protection of the minor.The protection for the right of the guilty minor, is not only a kind of immanentaction of judicial procedure, but also a system engineering that covering all aspects ofthe whole society, it needs using and integrating social forces to carry out. For thoseminor involved in crimes, besides given the full attention on the aspect of criminaljustice system, it also needs the society to strengthen the education, help andprotection for them. According to the present situation of minor’s protection, thispaper is mainly from the aspect of trial stage of juvenile litigation system, thenanalyzes the defects existing in system and problems in judicial practice, and regardsnot in custody, not in prison as a starting point, reflects the idea of lenience in thefield of minor’s right protection, so promotes the guilty minors to return to the societysmoothly. This paper is composed of three parts, the first part mainly introduces thetypes of minor’s right protected by the corresponding litigation system in criminallawsuit to the realm of law; the second part mainly states the problems existing in theprotection of litigation right from the present aspect of minor’s litigation system; thethird part expounds the relevant legislation situation of our country through theevaluation and analysis of legislation in the domain of internal and external. Thefourth part mainly elaborates the improvements of the minor’s right protection in thepresent criminal litigation system, and the author puts forward the ideas andsuggestions that integrating the judicial protection and social education to safeguard the legitimate rights and interests of minors well, then promotes the healthy growth ofthem.