| Minors hope the country,the future of the nation,Mr.Liang said:"Youth countries,wisdom,young then national wealth,Junior strong,youth independence then country's independence …… "In today's world and the physical and mental health of minors growing environment very seriously,have adopted legislation to protect the legitimate rights of minors,minors guide formed right,up,positive,optimistic outlook on life,values,world view,to prevent minors a life of crime.China also attaches great importance to the growth of minors working in the health and protection of legitimate rights and interests of minors has done a lot,and January 1,2013,the newly revised "People's Republic of China Criminal Procedure Law"(hereinafter referred to as the new " litigation ")against minors special addition of" minor criminal case proceedings,"a special chapter,which also indicates that China has initially established the juvenile criminal basic framework for the promotion of the minors in the legal level attention and protection,reflects our attention to minors legislation for the healthy growth of minors provide a legal basis.Before the new "Procedural Law" implemented,"Decision on Further Strengthening minors criminal prosecutions of" Supreme People's Procuratorate issued finishing the minor laws and regulations promulgated by the state,pointed out the requirements of minors and criminal prosecutions the direction of development,and achieved good results.However,the current juvenile criminal prosecutorial system as an important part of the juvenile justice system still has many problems operability,systematic,timeliness,standardization and so on,these problems we need to make unremitting efforts to prosecution in practice,continuing to explore and resolve,and constantly improve.This paper discusses in six parts,the first part of the development of juvenile criminal prosecution system,describes the various stages of juvenile criminal prosecutorial system development;the second part is an overview of the justice system of minors abroad,visits the United States,Japan,the United Kingdom,legislation and legal provisions as well as the guiding ideology of the system characteristics of German-related juvenile delinquency problems;the third part describes the characteristics of juvenile criminal prosecution system;the fourth part is about the new Code of criminal Procedure of juvenile delinquency the new regulations,new regulations include eight aspects of the new Code of criminal Procedure made against juvenile delinquency and analyze the implication of the concept,the new rules proposed by the significance and the impact on minors of criminal prosecutions;part V for our country juvenile criminal prosecutions problems noted of juvenile criminal prosecutorial system at this stage the presence of highly qualified personnel missing criminal prosecutions,no rapid implementation of simple principles,social investigation reports as a mere formality,minors non-prosecution system is not perfect and so on;the sixth part of the new criminal Procedure Law under juvenile criminal prosecutorial system improvement ideas proposed to enhance the juvenile prosecutor's professional quality,establish and improve the social inquiry report system,establish and improve the minors non-prosecution system,improve the "not to prosecute after"and "post-trial" of returning admonishing system.In this paper,the main point is,is to protect citizens' legitimate rights and interests of justice,fairness and justice to achieve a final line of defense,but also an important means healthy growth of minors indispensable guarantee,as an important part of China's legal system,juvenile criminal Procuratorial System plays basic functions guidance and leadership to move forward the work of minors,the new "Criminal Procedure Law," the implementation of a strong impetus to the development of the juvenile prosecutorial system and the whole judicial system,in order to protect the legitimate rights and interests of minors,to lead the health of minors grow up happy to provide a legal basis,but juvenile criminal prosecutorial system is still in its infancy stage,but also lack of specific rules for the operation,the operation mode is not uniform,enforcement is inconsistent,non-standard situation prevailing minors of Public Prosecutions development of the system has been seriously affected.Therefore,it is necessary at this stage according to juvenile criminal prosecutorial system problems to explore the construction is in line with the objective laws of physical and mental growth of minors,but also learn from the advanced international judicial philosophy to adapt to China's national conditions of juvenile criminal prosecutorial system,use the system to norms and promoting juvenile criminal prosecutions forward and continue to improve the development of the system,which for the prevention and control of juvenile delinquency,protect the healthy development of minors is of great significance.The significance of this study is that at present,the situation of juvenile delinquency is grim,and it is generally hoped that we should strengthen the work of preventing juvenile delinquency and establish a system for the inspection of minors suitable for China's national conditions.China's juvenile criminal prosecution system is an important part of China's socialist legal system,after a long period of development,in the application of laws,regulations,policies and other aspects of accumulated a lot of experience has made great progress,but with the economic development And social progress also appeared in the new situation,new problems,the current minors criminal prosecution work put forward new challenges,the original juvenile criminal prosecution system is difficult to adapt to the needs of the times.Based on the new"Criminal Procedure Law",the author draws lessons from the advanced concepts and successful practices abroad,and studies the valuable experience in the criminal inspection work of minors in recent years.In the study of relevant theories,Based on the issue of juvenile delinquency on how to prevent crime and reduce crime rates.Based on the characteristics of the minors,this paper analyzes the shortcomings of the juvenile criminal prosecution system in our country,and according to the duties of the procuratorial organs of the procuratorial organs,the author,based on the actual situation of the procuratorial work,from the perspective of criminal substantive law and criminal procedure law,To build a model of criminal procuratorial work for minors to promote the healthy growth of minors and reduce the juvenile delinquency,to introduce a preventive system for families,schools and societies,and to successfully prevent juvenile delinquency and Adult offenders conduct social corrections.The new criminal procedure law to modify the minor criminal prosecution system development of a good opportunity to more clearly the minors criminal cases of the guiding ideology,the trial process,in addition to the establishment of a number of minor special procedures for the protection of minors The growth provides a strong legal basis.The revised new criminal law also raised a higher demand for minors' criminal procuratorial work and brought about a series of changes and changes.In the environment of coexistence and challenge,the procuratorial organs should explore a new system of judicial protection of minors according to the new criminal law,in order to achieve the purpose of education,probation and save the crime of juvenile,and to the legal system of our country The protection of the healthy growth of minors,maintaining social harmony and stability,and promote national economic development,to meet the great rejuvenation of the Chinese nation has far-reaching significance. |
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