Research Of Pretrial Diversion System On Juvenile Justice

Juvenile future of the country as a nation of hope in any country would be given special protection. However, in recent years with juvenile crime surge in the number of countries began to explore new ways to prevent juvenile crime and juvenile crime seek reasonable measures of disposal. Pretrial diversion system as a juvenile justice system in the prevention of juvenile delinquency, the protection of rights and interests of juvenile crime plays an important role. Which originated in the United States, and widely disseminated in Europe and other Western countries, through constant practice has accumulated a wealth of experience, to a certain extent affect Europe and the United States criminal justice, and domestic research on this issue is relatively small In practice, the application is not very extensive. Our country has always attached importance to the protection of juveniles, the "education, probation and saving" approach and the "education, supplemented by punishment" criminal policy. However, the system was designed to keep up the real needs, theoretical study on juvenile justice diversion system before the trial is less and less, in order to effectively protect juvenile crime, reducing their return to society of resistance, it is necessary to combine our actual and reference good practices abroad before constructing diversion system of juvenile justice trial.This paper is divided into four sections, totaling thirty thousand more words.The first part is an overview of part, clarify concepts-trial diversion before the juvenile justice system and describes the theoretical basis of this system. Through analysis, the juvenile is defined as 14-18 years of age minors. Pretrial diversion system that is, in the pre-trial cases of minor delinquency steering disposal, not to enter the judicial process, so that the use of other measures to achieve their education and rescue purposes. The establishment of this system has a profound theoretical basis, including restorative justice, education punishment theory, the state of parental rights theory, labeling theory, solidarist theory.The second part is to ask questions, mainly on the legislative, judicial current situation and problems of the judicial treatment of juvenile. Including special legislation less, general provisions, the penalty set the irrational; on justice, retribution affected thinking, inadequate protection of juvenile crime in the filing, prosecution and detention of respect, discretion public security organs, procuratorial organs is greatly Scope of limiting the impact of diversion, the choice of diversion measures on the lack of professionalism, relevance and impact of the treatment effect.The third part introduces the specific profile of extraterritorial delinquent on pretrial diversion, mainly to the United States, Britain, Japan, Germany, for example, those countries in education, rescue boot delinquents under the concept, not only set up a juvenile court, ombudsman and other specialized agencies, has established a large diversion suitable object in the selection of the treatment measures also emphasize specialization and targeted, which are worthy of our study.The fourth part, based on comparison of domestic and juvenile justice before the trial diversion status quo, proposed to actually build the system in our country before the trial of the juvenile justice diversion vision. Including the establishment of the concept of restorative justice philosophy, the emphasis on social relations destroyed the recovery of delinquent rescue education; institutional establishment, including legislative, judicial and enforcement support each other, harmonized system of rules; appropriate expansion of public security, aspects of the prosecution's discretion, and improve related supervision mechanism; clear-trial at the scope of forwarding; rationalize case assessment and evaluation mechanisms and the establishment of juvenile crime diversion measures in line with the characteristics.