The Theory Of Procuratorial Organ Is Not Integrated System

In the process of the minor criminal cases,the procuratorial organs are in the important position of the former public security and the open court.The system of the minors' integration of the procuratorial organs is not only an important part of the procuratorial system,but also an important part of the judicial protection system.At present,in the minors of the prosecution system,the minors procuratorial work integration mechanism(hereinafter referred to as the work of the integration)is widely paid attention to.The core of the integration of the inspection work is "integration" "."Integration" refers to the process by which a number of mutually independent sovereign entities are gradually combined into a single entity in some way.So did not check the work of integration,is refers in the handling of juvenile criminal cases,procuratorial organs of the investigation and supervision,filed a prosecution,litigation supervision,prevention of crime,the procuratorial supervision and relative independence of procuratorial function,using the proper way to integrate the juvenile criminal prosecution functions,and around this function and the working mechanism of the system design.On the specific program design,by not seized Department sponsored prosecutors from the acceptance of submitted a request for approval of arrest cases,to undertake a comprehensive,responsible for the whole case review of arrest,prosecution,court prosecution,litigation supervision and participate in the comprehensive treatment for the prevention of crime and other responsibilities.Shanghai is one of the birthplace of practice in the integrated system for minors in China.Practices prove that an adult integration system is China's development of the juvenile justice system,the need to reform and improve the,civilization and progress of social legal system is the need is the juvenile justice system development trend.In order to develop appropriate to the circumstances,2012 revised "law of criminal procedure" summarizes the in recent years,prosecutors across the country in handling experience minor criminal cases,in of in line with the characteristics of adolescents and beneficial to education save slipped minor case of beneficial exploration based,established the juvenile criminal procedure.Which clearly stipulates a series in favor of the system of the protection of minors,including the minor criminal suspects and the defendant's compulsory defense,social investigation,strict use of arrests and divisional processing,appropriate adult presence system,conditional non prosecution system,juvenile delinquency record storage system etc..This is all circles of the society attaches great importance to the minor rights and interests protection voice response,but also on the juvenile judicial practice achievement of absorption and certainly,extent improve the juvenile judicial system of our country,for the future not adults procuratorial work is determined on the basis of,pointed out the direction.But did not check the integration mode has many problems,such as imperfect legislation,lack of supervision,the mechanism is not perfect,the lack of full-time inspectors and other issues.In resent years,the procuratorial organs shall,in handling of juvenile criminal case investigation,deep feelings to the present stage of our country is still serious not juvenile delinquency status determines the juvenile integration system should be established as soon as possible by the author,this be related to the no adult criminal prosecutions and the future strategic direction and the juvenile justice system development perfect direction.Accordingly,combining the engaged in their own practice of the juvenile criminal prosecution work,adhere to the principle of combing the previous juvenile criminal prosecution work,integration,sublation and innovation ideas,from two angles of theory and practice,on new form not adult system of integration of new ways and new methods of cursory discussion,and conduct relevant design studies on its working mode and operating mechanism.The aim is to fully implement the "education,probation,save" policy and adhere to the principle of "education,supplemented by punishment".The ultimate goal is to build a set of not only embodies the judicial nature of the procuratorial organ,and did not accord with adults physical and mental characteristics,with education and Prevention function of norms,efficient,complete for not adults and the integration of the criminal prosecution system.The full text is divided into four parts.In the first part,the author through to build not adults integration system of the meaning and the background of the formation of investigation and review,and pointed out the present stage of our country is still serious juvenile delinquency situation,in order to promote our country minor cases for the integration process,the judicial practice of the procuratorial organ of our country construct not of the juvenile criminal prosecution system integration of necessity.The author thinks that in study design must be to establish the idea of coordination of the three procedural values of order,justice and efficiency,we must to obey the requirements about the punishment of crime and protection of human rights the dual litigation in criminal procedure law,we must to pay attention to the harmonious unification of juvenile protection and protection of the interests of the social benefit.The second part discusses the construction of procuratorial organs of juvenile integration system,including domestic and foreign procuratorial organs for the minor crime suspect level defendant case handling system and process.Focus on the integration of the domestic inspection system in the forefront of the practice of the practice.In the third part,the author puts forward the possible drawbacks and deficiencies of the current system of the integration of the current inspection,on the basis of summing up the practical experience in different parts of the country.The fourth part is the focus of this paper.The author puts forward his own opinion on how to improve the juvenile criminal prosecution system and makes a bold idea.Due to the currently in China there is no specific application to not minor criminal cases of substantive law,procedural law and disposal method and the existing laws and regulations to from entity and procedure and effective protection is not the legitimate rights and interests of adults lack of specific requirements,from a certain extent to system design and research brought certain influence,and there is a lack of supervision,the mechanism is not perfect,lack of full-time inspectors and other issues.Future should be legislation,perfect mechanism,and establishing the corresponding social institutions and personnel training,etc.,and to the minors individual treatment and prevention of crime,procuratorial organs handling work mechanisms,such as the specific content.The author believes that the development of the juvenile criminal prosecution system is a part of a related to the juvenile justice system in China how to develop the overall work,its development requires not only form a working mechanism of the judicial institutions supporting each other in the judicial system,and need to rationalize the judiciary and relationship between organizational social protection of adults,and gradually built up a system of juvenile delinquency prevention and reduction.