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Research On Criminal Justice Protection Of Juvenile Delinquency

Posted on:2018-06-24Degree:MasterType:Thesis
Country:ChinaCandidate:X W DuFull Text:PDF
GTID:2346330515460505Subject:Law
Abstract/Summary:PDF Full Text Request
Since the 20 th century,the development of world economy promoted the process of the society,but the fly in the ointment is,it also brought some unprecedented problems.In recent years,the crimes reveal a phenomenon has never been focused on,which part of minors break the bottom line of the law and degenerate into a criminal step by step under the great economic development.Minors have became an obvious group in the field of criminal offense in our country,and this is gradually evolved into a special kind of social phenomenon.In the world wide,the minor crime rate is high,and the characteristics of this crime have changed,driven by complicated negative factors,such as:criminal of obvious low-age trend,being more violent,diversified and organized.For this reason,as a legal person,I hope to make some contribution to control the minor crime through my efforts.The realistic pressures of juvenile delinquency require that we must actively explore ideas in the criminal justice system to protect minor offender,to carry out effective justice protection work of juvenile criminal.The criminal procedure law of the People's Republic of China has made special provisions on the juvenile delinquency in the first paragraph 266 th,"For the policy of education,influence,and rescue for minors who commit crimes,we should uphold the principle of "education first,punishment supplemented ".However at the present,our research on the protection of minors in the field of criminal justice is still far to meet the needs of reality.Combined with the physiological and psychological characteristics of minors,we find that many of the minor offenders are confused and misguided with strong plasticity,the juvenile delinquents who are on the brink of danger are badly in need of the protection and the help of the judiciary.To aim at strengthening the judicial protection of juvenile delinquents,it is necessary to start from the characteristics and incentives of the minor crime,accurately master the short board of China's judicial organs in the protection of minors in order to put forward the corresponding measures better.According to the present situation of minors protection,Through field investigation,data analysis,interpreting legal theory by cases,discussing the reasons and characteristics of the minor crime one by one.And I focus on the judicial process of judicial protection system,from the supervision ofinvestigation,prosecution,the course of interrogation,execution and other segments,in view of the problems existing in the criminal judicial protection system and the shortcomings and defects existing in the judicial practice,in order to build a more perfect legal protection system.Specifically,this paper is divided into four parts.Its main idea is as follows:The first part is the analysis of the current situation of juvenile delinquency in China.Starting from the case,citing a number of cases in line with the characteristics of juvenile delinquency,which are different in types.The purpose of this paper is to explain the types of juvenile delinquency cases and judicial punishment measures to treat minor offenders.Combined with the special characteristics of minors,the author analyzes the various aspects of crime and finds out the real cause of the crime.The second part is the judicial protection of juvenile delinquency in our country.This part is based on the criminal procedure law.Starting with the detects of criminal procedure,it is divided into two parts: "the defects of criminal judicial protection" and "the shortcomings of non penalty disposition",elaborating the present situation of judicial protection of juvenile delinquency in China in detail.The third part is the conception of perfecting the criminal judicial protection of juvenile delinquency.Under the existing criminal judicial protection,from the investigation,prosecution,trial,execution and the corresponding non penalty punishment measures to strengthen the protection of the rights and interests of minors,put forward ideas and suggestions in order to build a more effective protection of criminal justice.
Keywords/Search Tags:Juvenile delinquency, Criminal characteristics, Inducement analysis, Criminal judicial protection
PDF Full Text Request
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