Research On The Separate Prosecution System Of Juvenile Criminal Cases

As the number of juvenile and adult joint crime is increasing day by day, this kind of joint crime cases how to review and prosecution, which has gradually become the focus issues in the field of criminal procedure law. Under the influence of the background, divisional prosecution system appeared. As a new litigation system, which has been widely recognized and supported around the world. In fact, The divisional prosecution system is a divisional processing system refinement, which is able to protect minors. Minors different from the physical and psychological characteristics of adults in a weak position in the proceedings, so that it deserves more care and protection.Our Criminal Procedure Code does not exist requirements about divisional prosecution system,the prosecution of minors is still treated as an ordinary procedure, there is no strict distinction between minors and adults. With the exploration of prosecution, Supreme People’s Procuratorate promulgated in 2006, implementation of "People’s Procuratorate provisions of juvenile criminal cases" and divisional prosecution system officially entered the field of criminal justice, which is very important. Firstly, the basic theory of the prosecution system divisional elaborate overall, followed by introduction of extraterritorial content divisional prosecution system,and then analysising problems of the division of the prosecution system. Finally, improve our divisional prosecution system recommendations.This paper is divided into four parts.The first part, it describes the basic principles of the divisional prosecution system, including three aspects. First, it explaines the definition of the divisional prosecution system; Secondly,it describes the theoretical basis of the divisional prosecution system from parental rights theory, social crime prevention, restorative justice and child welfare theory; Finally, it discusses the significance of divisional prosecution system.The second part, It describes the relevant provisions of extraterritorial prosecution divisional system, comparing the same spot and differences from the scope, procedures and supporting regimes,and drawing some inspiration.The third part, it analysises the current situation and legal practice of the division prosecution system, pointing out the problem of divisional prosecution system.The fourth part, for the above problem, from the scope, operating procedures, litigation efficiency and supporting systems, making some suggestions to improve our divisional prosecution system.