The Research On Alternative Measures For Pretrial Detention Of Minors

There is no doubt that China has the largest group of minors in the world,but also faces minor crime,so we must take the protection and prevention of juveniles into account.China has been exploring the juvenile judicial system Which is suitable for its national conditions in order to comply with the world trend of juvenile justice,we must implement the concept of human rights,establish the concept of Children's welfare.Before the trial of minors,we must adhere to the principle of less arresting,no arresting,more lenient detention,by which not only to protect the legitimate rights and interests of juveniles,but also to better educate,transform and rescue the juveniles,which can reflect the preferential treatment,ensure the proceeding,and to achieve social harmonious and stable development.By analysis and comparison,this paper puts forward some suggestions on exploring the problems related to the alternative measures of juvenile pretrial detention.The first part is the introduction of alternative measures for the pretrial detention of minors,Through the definition of related concepts,the paper introduces the meanings of minor measures of pretrial detention and analyzes its basic principles,It also expounds the theoretical basis and value embodiment of the alternative measures for pretrial detention of minors.The second part is the analysis of the practical necessity of pretrial detention.First of all,there is an urgent need for alternative measures for the existence of pretrial detention measures in China.The problems are the high rate of pretrial detention,inadequate management of places of detention and the low rate of application of alternative measures of pretrial detention.Secondly,it analyzes the obstacles to the implementation of the alternative measures for the pretrial detention of minors in China,which reflects the necessity and importance of the substitution of pretrial detention for minors.The third part is the feasibility analysis of the pretrial detention of minors.at the same time make a brief system introduction of the pretrial detention of foreign countries and the judicial practice in some relevant areas in China,It is not only the feasibility of juvenile pretrial detention alternative performance but also the reference for the recommendation as following.The fourth part is the most important of this article,which is mainly concerned on the construction of alternative measures of pretrial detention of minors,Firstly the improvement of the existing pretrial detention system,Including three aspects : removing the conceptual barriers,expanding bail pending trial and improving the application of residential surveillance.Secondly the construction of the conditional non-arrest mechanism for minors,the brief description of the conditional non-arrest mechanism and the established paradigm for minors.Thirdly,exploring alternative methods of establishing new forms of pretrial detention for minors,monitor alternative measures of detention by using scientific and technological means,promoting the establishment of "detention-free shelters" for minors and establish a long-term mechanism for family supervision,and so on.Finally,establishing and improving the relevant supporting measures of alternative measures of pretrial detention,including improving the social investigation system,establishing the risk assessment mechanism of alternative measures of detention and improving the social protection mechanism of minors.