Research On Juvenile Pretrial Detention System

The revised Criminal Procedure Law in 2012 stipulates special procedures for juvenile criminal procedure in special chapters,and gives juveniles involved in crimes a wide range of litigation rights,highlighting the special protection of juveniles involved in crimes.However,due to the fact that China's juvenile judicial procedure is still in the stage of reform and exploration,especially in the area of pretrial detention,a perfect system has not yet been formed.Faced with the trend of high incidence of juvenile delinquency,the rate of pretrial detention has remained high.Therefore,by analyzing and investigating the current situation and causes of the juvenile pre-trial detention system,we hope to improve the juvenile pre-trial detention system in China and realize the special protection of juveniles.In order to study the system more clearly,this paper uses literature research,comparative analysis,empirical analysis and other methods to sort out the related issues of juvenile pretrial detention system,and comprehensively compares pre-trial detention of minors in several countries outside the domain.Institutions,trying to make recommendations for improving the feasibility of juvenile pretrial detention in China.The article is divided into four parts: The first part introduces the basic connotation of juvenile pretrial detention,based on the basic theory of juvenile pretrial detention system,including the concept of minors and the concept of pretrial detention.And the purpose of pre-trial detention;the second part compares the provisions of the pre-trial detention system for minors in the Anglo-American legal system and civil law countries,and concludes that the four countries of the United States,Britain,France and Germany are underage.The similarities and differences in the pre-trial detention system provide a feasible plan for improving the pre-trial detention system of juveniles in China.The third part mainly analyses the problems existing in the legislation and practice of our country's juvenile pretrial detention system,including too principled and generalized legislation,the application of detention to juveniles involved in crimes,the absence of special provisions on arrest conditions,and the application of pretrial detention to foreign juveniles involved in crimes to differentiate treatment in practice,and the pretrial detention of juveniles involved in crimes.Necessity review mechanism is lacking,the application rate of alternative measures of juvenile pretrial detention is relatively low,and the management of juvenile pretrial detention is worrying.The fourth part puts forward the overall idea of perfecting the juvenile pretrial detention system in view of the existing problems in our country,including remedying the legislative defects of the juvenile pretrial detention system,and completing.In order to fully protect the legitimate rights of minors and make them more scientific and reasonable,the relevant design of the pretrial detention system for minors and the measures to be taken to match the pretrial detention system for minors should be improved.The main point of this paper is to put forward the holistic suggestions for the improvement of the juvenile pre-trial detention system in China.The results are as follows: to improve the relevant legal provisions on detention and arrest,to strictly grasp the situation of juvenile custody,to strengthen the necessary review of juvenile pre-trial detention,to optimize the alternative measures of juvenile pre-trial detention,and to improve the inadequacy of juvenile pre-trial detention.A series of ways,such as the management environment of pre-trial detention,the establishment of risk assessment system and social care system,promote the implementation of the principle of detention as an exception in future litigation activities,and realize the special protection of minors.