Study On The Juveniles Pending Non-custodial Institution

Unlike adults, juveniles have the physical and mental characteristics, the case should be treated differently,it shall be under the guidance of child welfare concept,the state parental power concept and the international criminal justice standards,establishing juveniles pending non-custodial institution, truly realize the principle of non-custodial while in custody as an exception when the juveniles accused. On the basis of the theoretical studies on juveniles pending non-custodial, this paper uses the normative analysis, empirical research and comparative methods,based on this content proposed the more specific recommendations on this institution. Although the focus of this article is to build a system of juveniles pending non-custodial to protect the legitimate rights and interests of minors, but I also want to provide an idea for the improvement of the criminal detention system.The first part of the article defines the related concept of juveniles pending non-custodial. Based on the concept definition about pending custodial and coercive measures, leads to the topic of this article minors pending non-custodial definition.The second part, analyze the theoretical basis of the juveniles pending non-custodial in detail.First,a general theory applies to all criminal proceedings, that restorative justice theory and criminal policy of combining punishment with leniency; secondly, particularity theory based on the characteristics of minors in criminal cases that are unique and state child welfare theory of parental power theory.The third part discusses the realistic basis of the establishment of juveniles pending non-custodial system. First, analyze the current laws in our country which concern minors,launched to establish minors pending non-custodial is admissibility of the the legislation; secondly, in judicial practice, the judiciary has been carried out for many juvenile offenders non-custodial measures for improvement, and made some achievements, indicates that minors pending non-custodial system is practical.Finally, many foreign countries have much extraterritorial experience for us to learn. The fourth part discusses the current situation of China’s minors pending non-custodial and obstacles in implementation.Pointing out that our country’s have many problems on the juvenile offenders at this stage,such as lacking in appropriate measures,and the non-custodial measures are not effective and operational differences exist household problems. Further pointed out that the reform of the possible detention of minors by no means the system is not the concept of institutional barriers and environmental barriers.The fifth part is establish juveniles pending non-custodial. In view of the detention of minors by no means the system is not the problems, and learn from foreign advanced experience, from changing concepts, establish custody pending judicial review of the procedures and improve the minors three non-custodial measures specific system construction.The sixth part,introduced some supporting measures to perfect the juveniles pending non-custodial system. Because if we really want to achieve desired effect, we need to improve corresponding measures, such as the establishment of a risk assessment,the improvement of existing regulatory and admonishing mechanisms,in order to strength this institution’s effect.