On The Custody After The Arrest Of The Minors

In recent years,with its become a historical trend,the humanistic judicial philosophy of education,persuasion and redemption has become the development trend of strengthening judicial protection of minors. Especially in the new criminal procedure law and relevant laws to set up the underage criminal suspect pretrial detention necessity of review,social investigation,pretrial custody system for protecting the rights and obligations,but also greatly promote the rights and interests of minors from system level security business.In addition to preface and conclusion, this paper will be divided into four parts:The first part, overview of arrest in custody of minors. First of all, to the custody of concept interpretation, defines the difference between the minor crime and juvenile delinquency, and reveals the characteristics of the minor crime, interprets the detention and arrest in custody of the concept of juvenile crime, clear arrested custody minors guarantee as accomplices, evidence preservation, ensure the implementation of the law, to comfort the victim and other purposes, and discusses the four principles to guide minors criminal justice, mainly includes: national exercise finally custody consortium principle; The children’s interests as the priority principle of children’s best interests; Special protection principle to prevent children hurt again; The proportion of less than the statutory minimum principle.The second part, the necessity of the juvenile arrest in custody. First of all,through the introduction to detention necessity review concepts, points out that the necessity for minor custody review of legal basis, this paper studies the juvenile detention necessity of review mainly refers to the juvenile criminal suspects to the court after the people’s procuratorate approved the arrest before the period of detention necessity for review. This part also states build detention necessity of censorship theory, to clarify for minors pre-trial, long period, high rate of custody measures has obvious problem such as punitive. Based on these problems, puts forward to strengthen the collaboration between government departments, strictprogram is running, shift work form, review items, clear rights approach.The third part, the minor social investigation of the crime. First, points out that the minor social investigation about crime in law and other norms of the basis, on the minor criminal case social investigation present situation and problems, mainly includes: main body, the content of no clear standards, the investigators is not professional, report effect is weak, it is difficult to apply in the criminal procedure.Accordingly, in the investigation subject, the content and investigation procedure put forward the corresponding countermeasures.The fourth part, after the arrest custody of minors’ rights. Due to limited freedom of the person of minors, will highlight to protect their personal rights and can apply for relief when violations of rights. This paper enumerates the life and health, privacy,the right to education, the right to relief the four basic rights. And according to law, it is suggested that comprehensive maintenance in the life and health of minors, to strengthen the protection of custody of minors privacy after catching, provide opportunities for the continuing education of minors in custody, expanding demands platform, provide necessary protection for the rights of the minors in custody period.