Study On The Reform Of Arrest Procedure For Juvenile Criminal Cases

As a special care group of the state and society,the state attaches more and more importance to the protection of its lawful rights and interests.For the past few years,the national economy develops rapidly,floating population increasing,criminal crimes,crime type diversification,juvenile crime has more obvious growth trend,there has also been an increase in the number of minors who have been arrested before the trial.In order to change the current situation,to realize the education and correction of minors,countries emphasize the minors in the special position in criminal lawsuit activity,through a series of judicial reform to reduce pre-trial arrest rates.The current criminal procedure law chapter specifically set up to increase the "minor criminal litigation special procedure",definitely require prosecutors to minors who are suspected of a crime to stick to the principle of education and punishment as a supplement,and set up strict grasp the arrest conditions,adhering to the concept of law enforcement with less catch and careful catch.Therefore,the procuratorial organs across the country began to reform and pilot the arrest procedures for juvenile criminal cases,and achieved good results,which reduced the arrest rate to a certain extent.The author through to the relevant theoretical knowledge learning and combining with empirical research data,the minor criminal case review procedures for arrest of related problems are studied,the analysis of existing problems in practice,the relevant experiences are summarized,and based on this proposed consummates our country juvenile criminal case review arrest procedures reform countermeasure.Besides the parts of introduction and conclusion,there are four main sections in this paper,about 30,000 words.In the first part,mainly introduces the relevant legislative provisions on the reform of arrest procedure for juvenile criminal cases in china.In minor review arrest procedures,related law and judicial interpretation for the procuratorial organs in handling juvenile crime arrested examination work,should follow the "education,punishment subsidiary" and strictly apply the principle of measure of arrest;It stipulates that legal representatives of minors,suitable adults and defense lawyers can participate in the litigation,provide legal assistance to minors,and fully guarantee the legal rights and interests of minors.In the second part,the author investigates the status quo of the practice of the arrest procedure of juvenile criminal cases.The author from the construction of the arrest mechanism for juvenile criminal cases;To notify the legal representative or the appropriate adult to be present;Social investigation report;The defense attorney stepped in to review the arrest;The procuratorial organ applies the arrest measure situation these five aspects to carry on the examination.In the minor crime case review on the construction of arrest institutions,through to the procuratorial organ on the working mode and concrete operation,found in the practice of the minor review arrested some of the innovations and deficiencies of operation point;In the case-handling organ interrogation notify the legal agent or appropriate adult present situation,through to the legal agent inform way as well as the construction of the adults of right way to test;In the aspect of the social investigation report,the investigation report of the public security organs and the contents of the social investigation report are verified.In terms of lawyers involved in review arrested,through to the investigation phase defense attorney involvement,review phase arrest time,involved in legal aid lawyers in the intervention and the lawyer’s defense opinions before arrest situation to test;In the application of arrest measures in procuratorial organs,through to undertake attorney mastery of minors to arrest conditions as well as to the public security organ to test proof about the risks of social conditions,for minors review arrest procedures in the actual operation effect.The third part mainly expounds the minor criminal case review arrest procedures in the operation of the practice problems and cause analysis,based on the related data statistics and analysis of two cities and found that the judicial practice,grasp the existence and prosecutors arrested for minors is not strict,legal agent often lack the interrogation of minors circumstance,appropriate adult legal default did no effect,the participation of lawyers is not high,the social investigation report quality is not high,such problems as lack of necessary custody after catching review,leading to review the arrest rate is still high,juvenile detention alternative measures applicable rate is low,the litigation rights of the minor criminal suspects inadequate.The reasons for the above mentioned problems are mainly: the general and abstract provisions of the legislation of our country on the conditions of arrest,and it is difficult for procurators to grasp the conditions of arrest accurately in the process of handling cases;The regulations of the social investigation system are not mandatory,which does not arouse the attention of the organization.The rights and obligations of suitable adults are not clear,leading to low participation in judicial practice.Legal aid lawyers review arrested late time regulation,there wasn’t enough time to meet with the minor criminal suspects and collect relevant evidence,lead to a lawyer put forward the opinion of the quality is not high,the corresponding rights relief provisions inadequate,lawyers are less motivated to participate in the review of arrests;In practice,the examination of arrest procedures layer upon layer of examination and approval,administrative color thick;"Fewer people" and insufficient judicial resources.The fourth part mainly puts forward the reform countermeasure to the problems existing in the criminal investigation of juvenile criminal cases in China.Through legislation,the arrest conditions of minors are clearly stipulated,and the standards of arrest and non-arrest are specified.To improve the lawyer’s involvement in the examination and arrest mechanism of minors,clearly stipulate the time,method,responsibility and entitlement of the defense counsel to participate in the proceedings;To construct the necessary review system for the detention of juvenile detention in China,to review the arrest hearing procedure,and to establish an arrest mechanism of reasoning;To identify the legal status of appropriate adults and exert social powers;We will continue to carry out the concept of "less under-arrest and careful under-arrest" for minors,reduce the pre-trial arrest rate of minors,allow more minors to feel the special care of the judiciary and make them better return to society.