Improvements On Specific Regulations Of Juveniles’ Rights Protection In Criminal Litigation

Liang Qichao once said in his book the young Chinese that, The country will be a wise one with wise youngsters. It’ll be wealthy, strong, independent, liberal and progressive with wealthy, strong, independent, liberal and progressive youngsters. Our country will outwit Europe if our youngsters outwit the Europeans, and our country will be outstanding on the earth if our youngsters are outstanding in the world. Therefore, minors are related closely to the future of country and the hope of our country. However, in the past years, with the development of society, the criminal rate of minors remains high. Minor crimes not only cause serious harm to society but also affect the healthy growth of minors, therefore, we must take effective measures to handle with them. In contrast, since the juveniles are not mature, it is easy for them to commit a crime, for promoting juveniles early return to society, our country has established polices of education, persuasion and rescue, and has been paying attention to the education and protection of the underage minor criminals. At the same time, we also need to know that some foreign countries have formed a relatively perfect minors’ law in order to protect the legitimate rights and interests of the minor criminal, compared with these countries, the system of underage criminal lawsuit of our country is still in primary stage. Though our country has accumulated some successful experiences, we still need to know that there are still some issues need to be improved both in the legislation and the judicial process. The thesis starts from the point of juvenile criminal litigation protection, analyzes the present situation of The juvenile criminal lawsuit system of our country, And then finds out the defects, At the same time, this paper is combined with the theoretical foundation of the system of lawsuit and protection to minor, and from foreign outstanding achievements in the protection of the rights and interests of minors system meanwhile,And consequently puts forward specific improvements and improve the system of lawsuit and protection to the minors. Specifically, this article is divided into four parts: the first part is about the present situation and the research on our country juvenile criminal litigation protection system, The first section is about the present situation analysis on our country juvenile criminal litigation protection system, the second section is to find out the defects of the existing system in China. The second part is about the theoretical basis of minors’ criminal procedural protection system. The first section is about the analysis of the concept of system and its historical development, the second section is to state the important role of system. The third part is to discuss the basic principles of minors’ criminal procedural protection system. It makes a briefly introductions and a comparison on the minor crime patterns of developed countries such as America, Japan, France, and puts forward the related beneficial system constructions to our country. The fourth part is to put forward the improvements for the system of minors’ criminal procedural protection. The author bases on the criminal procedure law in 2012, takes the minors’ criminal case social investigation system, conditional non-prosecution system, criminal record storage system, As the main content on the base of absorbing the foreign experience, the author combines our country’s practice of legislation, And eventually puts forward the specific improvement to three systems of criminal procedural protection.