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Research On The Protection Of The Privacy Of Minors Involved In Criminal Proceedings

Posted on:2018-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q DaiFull Text:PDF
GTID:2356330518990307Subject:Law
Abstract/Summary:PDF Full Text Request
The juvenile justice system is an important indicator of the degree of rule of law in a country. As the physical and mental development is not mature,it is easy for the juvenile to go on the road of crime,if they are affected by adverse factors of the outside. In order to avoid the subsequent development of juvenile delinquency, the international community generally agree that it was necessary to establish the system of protection for the rights of minors, and the protection of privacy of juvenile delinquents is one of the important elements. In our country, the Law on the protection of minors, the Prevention of Juvenile Delinquency Act and the Code of Criminal Procedure all provide for the protection of the privacy of minors. But in practice,the system still exposes some problems,not only the legal provisions of the shortcomings, but also the lack of appropriate privacy protection mechanisms and agencies. In order to allow minors to return to the community after the transformation and become useful citizens of the country. We must protect their privacy and improve the relevant legal system. On the basis of elaborating the concept of the right of privacy of minors and juvenile and protecting the value of the right of privacy of minors, the author analyzes the present situation and the reasons of the protection of the privacy of minors in our country at present.Then, after combining with foreign related systems, the author put forward to improve the protection of juveniles privacy protection system recommendations.The paper is divided into four parts,First of all, the paper defines the concept of privacy of juvenile delinquents and juvenile delinquents.The it expounds the theory of privacy protection of minors and demonstrates the value and significance of privacy protection of minors.The author analyzes the present situation of the protection of the privacy of minors in China and points out that the current system practice mainly exists in the process of criminal proceedings.First of all,when the judicial agencies are protecting minors,they are not in place.Secondly,the criminal record storage system is difficult to implement.Finally,personal privacy and the right to privacy after the case is not reasonable and other issues of judicial relief.The author believes that the causes of the above problems are mainly the following: privacy protection of the legal provisions of the existence of defects,privacy protection of public power absence, criminal record storage system defects and the media coverage of unlimited. At the same time,I learn from foreign successful experience and put forward some of their own views.On this basis, the paper puts forward some suggestions on how to improve the protection of privacy of minors and strengthen the protection of public power, At the same time,it is necessary to improve the system of criminal record and limit the rights of media reports.
Keywords/Search Tags:criminal proceedings, juvenile delinquency, privacy, protection
PDF Full Text Request
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