An Empirical Study On The Pretrial Detention System Of Juveniles In China

In order to better safeguard the legitimate rights and interests of minors,many countries have imposed exemption requirements for minors.In our country,although legal and judicial interpretations provide for the strict restrictions on the application of arrests for minors,our country does not adhere to the principle of non-custody.There has been some progress in the practice of pretrial detention for minors,but there are still problems with the length of detention and the applicability of non-custodial coercive measures,which have a negative impact on the special protection of minors.The author thinks that it is necessary to study the application situation of juvenile pretrial detention in recent years from the perspective of positivism.This paper will study the case of juvenile criminal cases from the prosecution,select the case of C City Y District Procuratorate,To explore the problems in the operation of the pre-trial detention system for minors,to analyze the causes of the problems and to propose targeted improvement measures to gradually improve the juvenile justice system under the premise of continuously improving the pre-trial detention system for minors.This article consists of three parts: introduction,text and conclusion,the text is divided into four parts,about thirty thousand words.The first part discusses the juvenile pre-tria detention system in China.China's scholars have different concepts for the pre-trial detention and scope of expression,this article discusses the juvenile pre-trial detention refers to criminal proceedings,juvenile suspects,the defendant before the court ruling,based on detention,arrest After the detention.The existence of pretrial detention system for minors includes the theoretical basis of tolerance and strict restriction,the pursuit of the objective reality of the case,the legal positivism and the trade-offs of the interests of the existence of a reasonable basis for its existence;presumption of innocence Procedural requirements,power constraints and human rights guarantees require that pre-trial detention of minors must be strictly limited.China's legal and judicial interpretation and the provisions of the minors are clearly pre-trial detent attitude,in pre-trial detention should focus on the protection of the rights of minors,education,help and correction.The second part examines the progress and problems of the trial detention system in the sample procuratorate.In recent years,the Procuratorate for the review of juvenile criminal cases approved the arrest to maintain a cautious attitude,pre-trial detention rate also showed aclear downward trend in the protection of the protection of minors made greater progress.However,the detention of juvenile criminal detention,the prolongation of detention,the low rate of application of non-custodial coercive measures,the unsatisfactory effect of the arrest of the procuratorial organs,and the failure to take reasonable care during the pre-trial detention of minors,Education is still a problem that can not be ignored.The third part analyzes the reasons for the existence of the pre-trial detention system in the sample procuratorate.First,the lack of critical elements of criminal detention in minors.Ignoring the urgent need for criminal detention will directly lead to prolonged periods of detention for minors.Second,the application of non-custodial measures is thought of many factors,including non-custodial measures for strict,guardianship and help the conditions of the differences and the right to relief is not in place.The third is the lack of review of the need for detention after the arrest of minors.There are only a handful of cases in which the necessity of initiating the detention is initiated in practice,and it is difficult to change the arrest decision once it is made.Four is the juvenile pretrial detention of the field set the lack of neutrality and the existence of improper management.There is a lack of innovation and differential treatment in the custody of the minors' detention center,and the procuratorial organs are in a form of supervision of the keeper and can not guarantee fair and reasonable treatment during the custody of minors.The fourth part puts forward the countermeasure of perfecting the pre-trial detention system for minors in our country.In view of the problems and causes of pre-trial detention of minors,China should take measures to improve the pre-trial detention system from the following aspects: First,the regulatory level.Strictly limit the period of pre-trial detention of minors,set strict arrest conditions,and improve the review of the arrest of lawyers to participate.Second,the mechanism level.Actively apply to the rapid handling of cases of minors,improve the implementation of non-custodial coercive measures.Third,the level of supporting measures.Actively explore the appropriate guarantor system,the juvenile delinquent pre-trial non-custodial risk assessment,the implementation of the pre-trial detention of minors need to review and improve the juvenile pretrial detention period of treatment.