Research On Minors Pretrial Detention

Criminal Procedure Law of the People's Republic of China was amended in 2012.A special chapter has been set to regulate the juvenile criminal procedure.It sets “education,probation and rescue” as its principle to deal with juvenile delinquency.China adheres to the principle of relying mainly on education while making punishment subsidiary.Besides,extensive rights are conferred on minor offenders in the proceedings.This is remarkable progress in China's criminal procedure law,which suggests more and more attention has been paid to the protection of minors.The provisions of Criminal Procedure Law of the People's Republic of China,however,may encounter many problems in practical operation,as they are too general to be operative.The process of China's juvenile pretrial detention has quite a few problems.The rate of detention is too high,the detention period relatively long and the place of detention and review organs not neutral.Local and immigrant juveniles may be treated differently and there is a lack of alternative measures of detention.To improve China's juvenile pretrial detention procedures,a joint review method of inspection system i.e.double review mode shall be established.We should establish juvenile hearing procedure of pretrial detention,set detention places independently led by judicial administrative authorities,and determine whether to impose juvenile detention measures on juvenile offenders by combining the crime stratification theory with social personality report system.We should also make a dynamic control of the risk assessment to set alternative measures to detention a combination of the system of being out on bail,view support system and community correction system.In addition,the pretrial detention system must be combined with the relevant supporting system,such as non prosecution and criminal reconciliation.