Study On Judicial Diversion Mechanism Of Juveniles

The judicial diversion procedure diverts cases of juvenile delinquency from criminal proceedings and sends them to administrative welfare agencies or social departments for handling,including pre-trial and trial-to-execution to make delinquents accomplices to decriminalization,non-imprisonment and depenalization procedures.The juridical diversion mechanism for juvenile delinquency law has diverted some of the juvenile offenders from regular criminal procedures,prevented delinquent from being labeled as "criminals," and avoided disrupting their socialization,to better educate,inspire,and save them.This is in line with the characteristics of delinquent' “easily teachable and not punishing”,paying attention to the relationship between the society and delinquent,and embodying the responsibility of the state for juveniles in conflict with the law,seeking "Win-win" between delinquent' protection and public interest protection.Influenced by the label theory,in the 1970 s,juvenile justice in the United Statesbegan a “diversion movement” that reflected the criminal judiciary's own negative impact on juveniles who touched the law.The juvenile courts have gradually reduced the use of imprisonment for juveniles who have touched the law,and removed juvenile justice systems from juvenile justice systems,juveniles and juveniles,emphasizing the important role of the family and the community in educating these juveniles who are in trouble for the first time.The “Child Juvenile Justice Distributing Project” promoted by the British Save the Children Association and the People's Government of Panlong District,Kunming,introduced the judicial diversion system into China,and gradually formed through the continuous exploration and practice of Pangong District's public,procuratorate,law,and division members.The "Panlong model" was used for diversion of the public security reconnaissance stage,diversion of the procuratorate's prosecution stage,and diversion of the court's trial stage.Judicial diversion of lawless juveniles conforms to the reform of modern recovery criminal justice.It is also a manifestation of modern situational policy depenalization in the field of juvenile justice,combined with the development of the theory of the country's parental rights and the restraint of criminal law and the best interests of children.In principle,there is a deep theoretical support for the juvenile justice transition mechanism.“The stones of other hills can be used to attack jade.” As a foreign product,the lawful reform of juvenile justice system in China is a process of learning and absorbing and further perfecting the judicial diversion mechanism for juveniles in conflict with law.It also needs to continue to draw on extra-territorial practical experience.In China's current legislative and judicial practice,the suspended prosecution system based on the prosecution of the prosecution(the conditional non-prosecution system)constitutes the central procedure for the juvenile justice transition system.The development of the community correction system also gives minor legal accomplice.Non-immigration and non-penalty transfer of people provide new opportunities.However,in order to establish a complete legal system for juvenile justice,it is necessary to establish a diversified transition mechanism,giving public security organs,procuratorates,and courts a certain right of transition,screening at every level,and minimizing final entry.Penalties are juveniles who touch the law.At the “transfer” end,the public security organ's system for minor offenses was established at the investigation stage.A review system for the necessity of custody was established during review and arrest.The system of postponement of prosecution was further improved at the stage of examination and prosecution,and a postponement prosecution system was established at the judgment stage.At the "transfer-in" side,we will further improve the social acceptance system based on families,communities,and specialized agencies.Construct a seamless connection between "transferring out" and "transferring in," to teach penalties,minimize minor aggression in the penal system,and use penalties as an alternative means to educate them and save them.Non-criminalization,non-imprisonment,and non-penalty transfer.