A Study On The Standard Of Proof Of Age For Minors In Criminal Proceedings

In recent years, the cases of juvenile delinquency are gradually increasing. In the course of the trial of minors, the age of juvenile delinquency is an important element of the crime. It can be said that the problem is the key to the minors, the evidence system is the important part of the evidence system in criminal procedure.Minors were born in the time of the time of the incident time, age evidence is easy to appear deviation, to the examination and judgment of evidence from the minor difficulties. However, the law is not clear what kind of evidence structure or to achieve what extent can be confirmed that it is a minor criminal suspects, the judicial interpretation of the conditions is too broad, and mutual between the repeated, the operation is not very strong, it is difficult to adapt to the situation of minors. In the judicial practice, the problem of the age of the evidence of the minors has not caused enough attention. For example, in the area of the adult phase of the review of the evidence is not included in the review of the standard is not included in the legislative agenda, the identification of juvenile suspects to grasp the lack of balance. At present, the relevant provisions of the age of minors in our country are not perfect, our country has not been alone in the age of minors in the identification of the age to prove the requirements.This article will be combined with the case of the age in the judicial practice, the analysis of the standard is not unified cause of the problem of the age of minors, and reflect on the status of minors age in criminal proceedings:first, the legislative level, the lack of substantive rules and implementation rules are not perfect, the legislative content is simple, operability is not, the current criminal litigation proof standard does not reflect the difference between the age of minors. And the public prosecutor, the three organs in the case of legislative demand does not adapt, there is a tendency to in the judicial interpretation in the legislative process, in a certain extent, contrary to the principle of legal procedure, resulting in the enforcement of justice no laws, loss of our. Two is a new situation in the judicial practice in the case of minors handling the case. Performance is the study of the standard of proof for the age of the minors' criminal responsibility, which is not enough to pay attention to the fact. The author tries to meet the needs of the judicial practice, in the detailed demonstration of the age of the evidence involved in the type, content, and the age of criminal responsibility of the identification method and other issues, on the age of criminal responsibility, to build a system and a full level of proof standards, and put forward the idea of improving the relevant...