A Study On The Non-custodial Litigation Of Accused Minors

Juvenile justice takes "education and protection" as its basic principles.Under the guidance of this principle,many legal documents put forward the idea of juvenile non custody litigation.At present,in the judicial practice of the prosecution of minors for non custodial litigation,from the system to the transaction there will be a lot of trouble,such as the prosecution of minors to avoid litigation,collusion,destroy the evidence,because they do not adapt to the existence of criminal activities often cannot be carried out smoothly.Besides,how to educate and guide minors better is a controversial topic.This paper discusses these issues deeply,discusses the connotation of juvenile non custodial litigation,introduces the advanced experience of extraterritorial non custodial proceedings,and puts forward suggestions from the perspective of theory,system and practice.This reference to the relevant legal documents of minors non custodial litigation,involving the United Nations legal documents,the law on the protection of minors,the Ministry of public security regulations,Supreme Procuratorate rules,Legal interpretation of the Supreme Court,and some local government regulations.Through the network retrieval,literature comparison and other methods analyze the law of the operation of the non custody litigation system for minors.This study finds that the key to juvenile non custodial litigation is the individualization of system application.Therefore,we need to improve the investigation and evaluation system,standardize the application of non custodial restraint measures,and strengthen the role of correction system in the juvenile non custody system.