On The System Of Criminal Legal Aid For Minors In China

Since the Third Plenary Session of the 18 th CPC Central Committee,China has actively explored the construction of the public legal service system.In terms of criminal legal aid,China has continuously expanded the scope of assistance and made effective progress.Juvenile criminal legal aid system is an important part of criminal legal aid system,and also an important part of juvenile criminal justice.It is the duty of the state to provide legal aid for minors.Criminal legal aid is an important part of the special protection of minors.Legal aid is necessary because of the special physical and mental needs of minors.Legal aid is an inevitable requirement to protect the procedural rights of minors and realize the balance between prosecution and defense.The above legitimacy basis of juvenile criminal legal aid system is conversion,which is different from ordinary criminal legal aid Help system.The minor criminal legal aid system has the functions of ensuring the effective exercise of the minor's litigation ability,promoting the powerful development of other supporting litigation systems,and making up for the lack of family and social support.Based on the analysis of the current situation of the legislation and judicial practice of the juvenile criminal legal aid system in China,it is found that the legislation of the juvenile criminal legal aid system in China is not systematic,the investigation organ does not fully fulfill the duty of special attention,and the selection mechanism,special rights and obligations,and litigation participation of the juvenile legal aid lawyer are all existing In many problems.From the perspective of clarifying the legitimacy basis and function orientation of juvenile legal aid,this paper explores the optimization path for the improvement of the system with the participation mechanism of juvenile legal aid lawyers as the main content,which is embodied in the following aspects: centralized legislation for the juvenile legal aid system in China,elimination of the restrictions on the conditions of juvenile victims' access to legal aid,and improvement of the system The degree of integration;strengthening the special attention obligation of investigation institutions to minors by enhancing the awareness of special care,legal aid and clarifying the procedural sanctions for failing to fulfill the obligation of notification;setting the access threshold of legal aid lawyers for minors,improving their management and supervision and the linkage mechanism between lawyers to build the professional aid lawyers for minors;giving legal aid to minors Teachers' special rights and obligations,such as the right to be present,theright to social investigation and the obligation to keep secret during the trial of minors;through clarifying the criminal agent right of the minor victims in the investigation stage,ensuring the speech of the agent lawyers at the key nodes of the litigation activities,giving full play to the role of the duty lawyers in the criminal agent,enhancing the substantive participation of the legal aid agent lawyers of the minor victims.