Font Size: a A A

Study Con The System Of Juvenile Criminal Procedure

Posted on:2018-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2346330512460012Subject:Law
Abstract/Summary:PDF Full Text Request
China always attaches great importance to the protection of the lawful rights and interests of minors in our country, compared with adults, minors are in a weak position,which need to strengthen the protection. Due to that the minors have much differences with the adults in both mental and physical, the criminal minor has particularity compared with the adult crime, not directly with general criminal lawsuit system to deal with juvenile cases, must establish a minor criminal lawsuit system, juvenile criminal lawsuit system in combating crimes and protecting human rights and seek a balance between protection of juvenile criminal suspects or defendants. Since 2013 of the new\"criminal procedural law\" dedicated a chapter to improve the juvenile criminal procedure, clear the guideline and principle of the juvenile criminal lawsuit, strengthen the protection of minors litigation rights, and to determine the social investigation system, conditional not to Sue system and record the seal system, the system of protecting the legal rights and interests of minors has played a positive role. But in the judicial practice, our country juvenile criminal lawsuit system still exist many problems,compared with advanced foreign countries and larger gap, need further perfect.Therefore, based on the juvenile criminal lawsuit system as the research object, analyzes the present situation and problems of the minor criminal proceedings in our country, and draw lessons from foreign experience, put forward concrete Suggestions to perfect the juvenile criminal lawsuit system.The content of this article is divided into six parts, the first part is the introduction part, elaborated the selected topic background and significance of this article. The second part expounds the minors on the relevant theories of criminal proceedings, for minors and defining the juvenile criminal lawsuit system, analysis of juvenile crime characteristic and underage criminal proceedings shall adhere to the principle of; The third part analyzes the present situation of our country juvenile criminal lawsuit system,the paper expounds from two aspects of legislation present situation and the practice situation, and analyzes the judicial practice in dealing with the problems existing in the process of minor criminal cases; The fourth part introduced the typical countries such as America, Germany, France, Japan and other countries of juvenile criminal lawsuit system, and sums up the foreign minors criminal lawsuit system to our country's enlightenment; Fifth part is the Suggestions of perfecting our country's juvenile criminal lawsuit system, combined with the analysis of the above problem, draw lessons from foreign experience, starting from the status quo of the judicial practice of our country puts forward the proposals to perfect our country juvenile criminal. The sixth part summarizes the point of view.
Keywords/Search Tags:minors, criminal lawsuit system, perfection
PDF Full Text Request
Related items