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An Empirical Research On The Arrest Procedure Of Juvenile Criminal Cases

Posted on:2019-05-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y XieFull Text:PDF
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As a harsh coercive measure,arrest needs to be used with caution in juvenile criminal cases.The jurisprudential circle of our country has always given high attention to the problems of juvenile delinquency.The amended code of criminal procedure improves the relevant provisions of the juvenile arrest system.However,the review of arrest mechanisms has exposed some problems in practice up to now,which could not effectively guarantee the rights of juvenile criminal suspects.Therefore,the procedure of reviewing the arrest should be further improved based on combining the characteristics of juvenile group,to ensure the review of arrest in juvenile criminal cases is more reasonable and standardized,protecting the legitimate rights and interests of juvenile effectively.This paper consists of three parts.Aerating from the introduction and closing,it is about 30,000 words.The first part of this paper mainly investigates the practice of arrest review about the juvenile in a certain procuratorate.Firstly,statistics from the research about juvenile arrest were analyzed,and the rate of juvenile arrest still maintains a high level,which has no significant difference between the rate of adult arrest.Secondly,summarizing the juvenile criminal suspects with the crime of centralization,tend to gang crime of the characteristics of the crime,and the education level are generally low.Thirdly,investigating the situation of pretrial detention of juveniles in the procuratorate.According to the investigation data,the detention period of juveniles and adults is similar and the duration is too long,which could not reflect the special protection of juveniles.Fourthly,investigating the situation in which the procuratorial organs listened to lawyers' opinion during the review of arrest.The proportion of lawyers intervene in juvenile cases is extremely low,and the results that procuratorial organ listened to lawyers' opinion are not ideal.Fifthly,reviewing the illegal evidence is usually not operational and difficult to define.Limited in their time and energy,the investigators are often weak about illegal evidence.Sixthly,investigating the practice about necessity of detention.According to the results,the procuratorial organs conducted the reviewing in writing,and the reasons for approving the release of detention are relatively single or lack of effective procedure and certification system.Subsequently,this part expounds the basic mechanism of investigating andinvestigating juvenile criminal cases in the procuratorate,including the system of non-arrest of juveniles,cases quality monitoring mechanism and so on.Finally,summarizing the practical results of the system,mainly including three aspects about strengthening the concept of handling cases,improving the level of human rights protection for juveniles and the concept of the legal system of juveniles.The second part of this paper puts forward the problems existing in the procedure of reviewing the arrest about juveniles in our country.Through the research on the results of the investigation and the current situation of the procedure,this paper concludes the following problems exist in the process of reviewing the arrest: First,the special protection of juveniles' delinquency is insufficient,including vague expression of the conditions for juveniles to review the arrest,and inaccurate assurance of the standard of proof of social danger.The second problem is that the defense lawyers are involved in the procedure of review the arrest are limited,and the administration of review and arrest procedures has led to the fact that the lawyers could not fully express their will,and the censorship mode lacks litigation.The third problem is that the quality of reviewing in juvenile arrest cases needs to be improved.The censorship system for the necessity of detention is not clear,besides,in the process of reviewing the arrest,the review of evidence is easy to be formalistic,which is not conductive to the protection of juveniles' rights and interests.Fourth,the substitute measures of juvenile criminal arrest are insufficient,and the fifth is that the relief mechanism of arrest measures has not been established,which leads to the high arrest rate of juveniles.The third part of this paper puts forward blameless countermeasures against the problems existing in the procedure of reviewing the arrest in juvenile cases.This paper holds the view that the legislation should be further strengthened by several suggestions:refine the conditions of juveniles' arrest and standardizing the rights of defense counsel in the stage of reviewing the arrest;establish the system of reviewing the necessity of detention and exploring the mode of reviewing the hearing of arrest;implement the responsibility of procuratorial organs to exclude illegal evidence at the stage of review the arrest;add other alternatives to detention and reform the system of bail pending trial to improve the alternative measures for pretrial detention of juvenile offenders;strengthen the optimization of the social help and education system for the juveniles involved in crimes for setting up appropriate places of the juveniles to improve the criminal legal aid system,so as to promote the joint participation ofvarious social forces.
Keywords/Search Tags:review of arrest, proof of standards, necessity of detention, illegal evidence exclusion
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