Research On The Juvenile Court System In Republic Of China Period

The period of the Republic of China was the beginning of the juvenile court system in our country.The input of thoughts and theories related to juvenile justice such as "modern view of children","empirical criminology" and "national paternity theory" With the development of juvenile court system during the Republic of China,with the development of government officials in the Republic of China meeting during the Republican prison meeting,the inspiration and influence of the universal prison meeting on the theory of juvenile court system in China directly influenced the juvenile court system during the Republic of China At the beginning of the 19th century,when the United States juvenile court movement was launched,the legal thinkers of the Republic of China used their experience for reference to introduce a series of modern concepts of children,including the concept of probation education and the welfare model,into China,The blank of judicial theory also kicked off the juvenile court system during the Republic of China.Beginning with the "Juvenile Courts Ombudsman Program Outline" of the government authorities of the Republic of China,it went through the "Regulations of Juvenile Courts of Local Courts," both in terms of content and structure.Eventually,the rulers considered juvenile court-related legislation as special legislation and complicated procedures Therefore,it is necessary to first draw up "Matters needing attention in handling juvenile cases" for the reference and use of courts in various places.Finally,"Matters needing attention in handling juvenile cases" are promulgated nationwide.However,it was not widely implemented and implemented soon after the promulgation of "Handling Precautions for Juvenile Cases." After the war of resistance against Japan broke out,it was influenced by a special background.The promotion of juvenile law and juvenile court legislation were forced to suspend the process.After the War of Resistance Against Japanese Aggression,juvenile court legislation was restarted with the active calls of all sectors of society.On the premise of promulgation and implementation of these precautions,the establishment and practice of the juvenile court in the Republic of China was limited to the promulgation of the "Matters Requiring Attestation of Juvenile Cases in 1936" and the establishment of the Nanjing Juvenile Court in late 1947,and could be divided into initiatives,transitions and Trial three stages.According to historical data,the specific operation of the juvenile court in the Republic of China can be divided into six aspects:the purpose,the scope of jurisdiction,the mode of organization,the appointment of judges,the trial procedure and the punishment of special penalty.The role played by education in preventing the recurrence of crimes was obvious.In the early juvenile court's legislative and advocacy period,its jurisdiction was relatively broad,generally committed by juveniles under the age of 16 Any crime,but in juvenile court phase of the implementation of measures,its jurisdiction has been expanded;in judicial practice,juvenile court organization can be divided into two main types,first,the court designated the model of the second,the independence Juvenile court model;Judges are generally considered to have more stringent conditions and qualifications in juvenile courts than juvenile courts(deportees)who try juvenile delinquency cases relative to judges in ordinary courts;juveniles The trial of the case in court is based on the principle of simple trial of courtroom and non-disclosure of trial.In the trial procedure details,it is stipulated clearly in accordance with the Order of Attention in Trial of Juvenile Cases.It not only used the concept of probation education scientifically,but more importantly followed the development of the world juvenile court However,due to the special national conditions at the time,its enthusiasm for construction and actual operation are not uniform.In the course of exploring the framework and connotation of the juvenile court,combined with the reform needs of the juvenile court under the current judicial environment,the construction of the juvenile court system can be further improved in legislation,law enforcement,judicature and so on.