Research On Juvenile Pretrial Detention

The construction of juvenile judicial procedure in our country is still in the stage of reform and exploration.It is of great theoretical and practical significance to study the problem of juvenile pretrial detention as an important issue in the study of juvenile justice.Perfecting minors in pretrial detention system could not only safeguard the public security and proceratorial organs fixed evidence collection,but timely and accurate facts of cases as well.Additionally,it could prevent further crimes,maintain normal social order.What's more,perfecting it could so much more attribute to achieve a number of purposes,including protection,isolation,correction,education which will help minors return to society earlier.The first part is an overview of the system.The implication of pretrial detention of minors is that the state of temporary deprivation of juvenile suspects' personal freedom because of the detention or arrest before the trial,in accordance with the law,which aims at guaranteeing the lawsuit activity smoothly carries on.Based on the criminal policy of tempering justice with mercy,restorative justice theory,state parental power theory and child welfare concept,the judicial institution should consider the unique physical and mental characters that juveniles have in dealing with such cases,and strictly limit the application of pretrial detention.The second part is about problems that exist in the pretrial detention of minors.First of all,the traditional concept of heavy blow and light protection needs to be changed.Secondly,the provisions of legislation and judicial interpretation are imperfect,which is mainly seen in such aspects.The minors' detention or arrest applicable conditions are not clear,and there has been a serious administrative tendency in the procedure of reviewing arrestment.Finally,there are problems in the implementation of juvenile pretrial detention such as,juveniles from other province may be treated differently from local juveniles,the alternative measures of detention apply a low proportion,the time that juveniles were held in jail before trial could be long-lasting,and the status is hard to change,places of custody are in poor management.The third part is the investigation and enlightenment of juvenile pretrial detention system in foreign countries.According to research on bail system in the United Kingdom,multiple detention alternative measures of the United States,juvenile care system in Japan,we can learn the advanced experience of foreign countries and manage to complete the localization of the system,which provide a reasonable reference for juvenile pretrial detention system.The fourth part is the construction of perfecting juvenile pretrial detention system,which is the focus of the article.In view of analysing the existing problems on juvenile detention of our country,relating legislation and judicial practice of our country,and basing on the reference of foreign advanced experience,I put forward a few suggestions as follows.Firstly,judicial workers should not only change their concept of custody,but also carry out the principle of exceptional application of detention.Secondly,establish specialized institutions and improve staffing.Thirdly,improve the legislation,mainly as refining applicable conditions of juveniles detention,elevating standards of arrest juveniles,specifying the procedures of review arrest.Last but not least,improve the system implementation effect,which including enriching the alternative measures of detention,improving the necessity of custody censorship system,attaching importance to the management of detention places,establishing the concept of juvenile social probation system.