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The Rights Of Minor Accused In The Criminal Trial Are Guaranteed

Posted on:2018-10-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y N XingFull Text:PDF
GTID:2356330542450732Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of market economy and social transformation,the juvenile delinquency in our country shows a growing trend,andthe number of juvenile criminal cases is rising stead ily.However,the trad itional criminal procedural system regards adult crime as the object of regulation,in th e design of litigation procedure,it seek t o discover the facts of crim e and punish crim e.And because of the particularity of the growth stage of the m inors,the birth of minor crime has both physiological,psychological and other subjective factors.At the same time,social environment,school education,family atmosphere and so on are very important to minors.Therefore,the litigation procedure of juvenile criminal cases should be dif ferent from that of adults.Especially,the trial procedure,which is th e core link of crim inal procedure,is more important to the protection of the rights of juvenile defendants.The revision of the new criminal procedure law of our country has made provisions of special procedures on the juvenile criminal.However,due to the principle of the provisions is very vague,there is still lack of pertinence and operability in judicial practice.Compare and draw less ons from the experience of crim inal trial of juvenile defendants in other countries,reforming the m ode of juvenile criminal trial in China thoroughly,to establish an independent juvenile court system is the fundamental way to realize the protection of the rights of juvenile defendants.Based on th e current criminal procedure situation and the reality of the lack protection of minors' right of privacy and defense and other trial rights,it is also possible to establish the system of the elimination of criminal record,so as to further protect m inors' right of privacy.We should perf ect the system of appointed defense for m inors,to further pr otect the juvenile' s right of defense.And through perfecting the system of legal agent' s attendance,suitable adult participation system and juvenile social i nvestigation system to protect the juvenile's other trial rights.
Keywords/Search Tags:Juveniles, Minor defendant, Crim inal action, Right of privacy, Rightofdefense
PDF Full Text Request
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