Study On Juvenile Arrest System

In the international community,juvenile justice system is an important measure of a country' s level of legal civilization and symbol of human rights protection.After the revision of Criminal Procedure Law in 2012,special procedures for juveniles were stipulated in specific sections,and special protection for them was further emphasized in the principles of litigation and procedural rules.Among them,special regulations have been made concerning the procedures of criminal compulsory measures for arrest applicable to juveniles and the principle requirements for the application of "strict restrictions”have been determined.However,there are no specific provisions in the special procedures of Criminal Procedure Law that apply the specific conditions for arrest.Although the relevant judicial interpretations and departmental regulations have made specific provisions on the application of arrest measures for juveniles and have filled in some aspects the gaps in Criminal Procedure Law,these provisions are relatively scattered and not systematic.In judicial practices,procuratorial organs are not able to effectively implement the policy of“less arrests,discreet arrests " and the basic concept of special protection for juveniles in handling criminal cases for examining and approving the arrest of juveniles.Moreover,in operating arrest measures for juveniles,there is no effective counterweight between the parties and the judiciary in China.Procuratorial organs alone investigate the relevant case files,and then decide whether or not to adopt compulsory measures in accordance with the procedures stipulated by law.In our country' s criminal compulsory measures,arrest measures also include custody.When a juvenile is arrested and detained,it is easy to exert great negative impacts on his or her physical and mental health and return to society later.In addition,since there' s a lack of feasible and effective custodial alternative measures and perfect social participation,the mechanism of the compulsory measures for juvenile arrest has been operating at a high running state in practice.In most countries or regions outside the border,arrest usually does not mean custody,which is to ensure the smooth proceeding of lawsuits.The accused person can participate in the proceedings on time,and may be detained for a brief period after arrest.Through inspections of measures for the arrest and detention of juveniles in the Anglo-American and civil law countries,in particular the extraterritorial bail system and the review of arrest hearing procedures,it provides a reference for the improvement of China's arrest procedure of juvenile criminal cases.Based on its current status of judicial practice,China can learn from successful extraterritorial experience,clarifying the criteria for the arrest of juveniles,and strictly limiting the application of arrest measures for juveniles.In the process of reviewing arrests,the litigation confrontation mechanism should be introduced to promote the establishment of procedures for the review of arrest hearings and the improvement of relief approaches.The improvement of alternative measures for diversified custody of juveniles can reduce the application of juvenile arrest and custody measures.Many alternative measures are more conducive to the protection of juveniles' personal rights.At the same time,we should carry out such practices as improve the mechanism for social participation,design scientific and rational ways of assisting in education and care bases,strengthen the education and probation of juveniles,expand the application of non-custodial measures,reduce the rate of juvenile arrests,and guarantee the arrested juveniles'healthy and successful return to society.