| Through the amendment to the criminal procedure law of the National People's Congress in 2012,specialized in fifth special programming rules for minors criminal proceedings,in order to give special protection of juvenile in the judicial practice.At the same time,chongqing procuratorial organs through "Sally elder sister" brand building,to prevent minor crime,specification case for minors,help save stumble minors,creatively carried out a series of work.This job for five years,whether the momentum of minor crime effectively,in the aspect of punishment of minor crime,the judicial organs can do better,all these problems need to analyze the data from practical departments,to come to a conclusion.The author use the convenience of working in yuzhong district people's procuratorate,through investigation,data collection,analysis,5 years of working,and the data handling the case with the 2007-2007,with the data to the yuzhong district initially the minor crime,to complete the writing.This paper mainly adopts the method of case study and case analysis to investigate the status of juvenile delinquency in yuzhong district for 10 years,especially in the past five years.Full mastery in yuzhong district minor crime on the basis of the basic situation,particularly procedures applicable to the judicial organ for investigation,and emphatically analyzes the cause of the problem,and on how to further safeguard the legitimate rights and interests of minors involved were discussed,in order to help with minor crime in the judicial work.This paper is divided into four parts,20,000 words.The first part mainly investigates the status of juvenile delinquency in yuzhong district.Elaborated in the practice of yuzhong district in the minors suspected crime,main identity as well as the main development trend for empirical research,from the data found that minor crime yuzhong district has the following five features: first,fiendish to take trend is relatively serious,higher percentage of minor crime in violent crime.Second,crime has declined overall.Thirdly,from the perspective of criminal means,it is a tendency of group crime,because minors lack judgment and are easily seduced by others to form gang sex crimes.Fourthly,the age of crime shows a trend of younger age,and the proportion of juvenile delinquents aged between 14 and 15 is still not low in juvenile delinquency.Fifth,the crime has a greater contingency,mainly the passion crime.The second part mainly through empirical investigation about the present situation of minor crime judicial yuzhong district,on the basis of full analysis of data,found in the minor crime in the judicial practice,there are still a minor criminal custody situation need to improve,social investigation system did not achieve the desired effect,conditional not to Sue system problems and practice blocked record storage system of dilemma,discuss the problems that exist in the system design in practice.The third part is mainly in view of the minor crime the main problems existing in the judicial practice,the analysis of custody,social investigation,conditional not to prosecute,record storage system,such as the cause of the problems in practice,mainly from the purpose of the system design and practice,this paper compares and analyzes the application analysis of the cause of the problem.This section focuses on the institutional mechanism of the second part of the problem.The fourth part is about the improvement of the system of protection of minors involved put forward some improvement measures,including further set up the idea of judicial protection,to establish the judicial protection of minors referral mechanism and improve the social investigation system,improve the system of conditional not to prosecute,improve the system of minor criminal record seal,through a complete system to carry out the "education,persuasion and save" policy,to help juvenile offenders return to society. |
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