Concerning The Protection Of The Litigation Rights And Interests Of The Minors

The minor, who is different from adults, Should be conducive to the future development as the starting point to design the specific rules of criminal procedure. Compared with the1996criminal procedure law, the new prominent change of juvenile criminal procedure, in fifth series of special procedure of first chapter, has set up the minor proceedings in criminal cases, a total of11articles, which make the juvenile criminal procedure in the legislation cases relatively independent.In many respects, they rich, perfect the juvenile criminal justice system fully reflects our focus on the protection of minors. The "Criminal Procedure Law" chapter setting minor procedure of criminal case, both has the breakthrough and regret, breakthrough and a somewhat conservative, a lot of problems hidden in it.My article tries to study the new "criminal procedural law" in the implementation of the minor rights and interests protection problems, to explore how to improve the minor special litigation procedure, the protection of the legitimate rights and interests of the minors, guarantee the healthy growth of minors. In addition to the introduction and conclusion, this paper is divided into four parts:The first part is an overview of this article. This section discusses the concept of juvenile delinquency and juvenile justice in the modern.The second part is the particular criminal proceedings in new "Code of Criminal Procedure". This section discusses the comparison of protecting the interests of minors and original new Criminal Procedure Law,"Criminal Procedure" and summarizes the breakthrough new "Code of Criminal Procedure".The third part of my article is the problems in the implementation of the Protection of Minors litigation. This section lists the main conditions attached not to prosecute cases too narrow, criminal record sealed system difficult to implement,"social survey system" yet to be standardized and the "appropriate adult" and the relevant systems and regulations and other issues still need to improve.The fourth part is the proposal for the Improvement of Criminal proceedings in the interests of the protection of minors. This section will focus on the relaxation of conditions for conditional non-prosecution, replace the system with a criminal record to destroy criminal records sealed system run effectively regulate "social survey system" and the correct understanding of several aspects apply "appropriate adult" system and the relevant laws and regulations.