Study On The Perfection Of The Legislation And Judicature Of Juvenile Crime In China

Currently, juvenile delinquency is a very prevalent social phenomenon around the world. It has become a very serious social problem. It affects public safety, but also affects the physical and mental development of minors. Juvenile crime has very complicated reason. It is the result of youth themselves, family, school and social interaction. How to prevent juvenile delinquency and transformate juvenile delinquency is needed to solve an important problem. Among them, the criminal justice system plays a vital role. From the current situation of China’s criminal justice system, it should be further improved. Based on the analysis of the current situation, characteristics and causes of juvenile delinquency,I try to study problems and deficiencies of juvenile delinquency in the current criminal legislation and judicial practice. In terms of legislation, the range of minor criminal offenses is not clear, lenient punishment principle is too vague, it is difficuit of operating probation, commutation and parole, it should not apply to life imprisonment and fines for minor, punishment for juvenile delinquency shall not constitute recidivism and non-disposal is not perfect, etc; In judicial practice, mainly the form of judicial institutions is not standardized, specialization of trial program is not prominent, implement of the existing system is not very good, judicial innovation lack theoretical level support. Closely around these problems, I puts forward the opinions and suggestions for perfection of juvenile delinquency legislative and judicial systems. In terms of criminal legislation, it should be specific and clear for criminal juvenile delinquency negative range, the principles of lenient punishment of clearly defined, application of the probation, commutation, parole should be clarified, it is not applicable to life imprisonment and criminal fines for minor, "eliminate criminal record system" should be implementated, juvenile delinquency non-penalization measures should be perfected. In terms of criminal justice, we should establish an independent judicial body, improve pretrial investigation system, regulate minors trial mode, perfect minors divisional judicial system and strengthen the defense system of minors.