A Study Of The Application Of Non-custodial Compulsory Measures For Cases Of Minors

On December 19,2013,the "Provisions of the People's Procuratorate for Handling Criminal Cases of Minors" passed by the 14 th meeting of the 12 th Session of the Procuratorate of the Supreme People's Procuratorate issued a principled provision for the review and arrest of juvenile cases.For juvenile criminal suspects,arrest measures should be used with caution and insist on “less arrest” and “careful arrest”.However,in practical work,the case-handling personnel often “detaining as long as the criminal condition is reached”,resulting in the high pre-trial detention rate of juvenile criminal suspects,and the basic purpose of “education,correction” that should be upheld in the handling of minors' cases.Juvenile minors are subject to severe detention measures at the beginning of the proceedings,which may adversely affect their physical and psychological aspects.This kind of injury can not be compensated even in the subsequent litigation procedures,such as conditional non-prosecution,criminal record sealing,community corrections and other educational measures.Corrective measures such as corrections are also irreparable.Therefore,it is necessary for us to explore the fundamental differences between juvenile cases and adult cases,sort out the various theories,explore the guiding role of relevant theories in specific practical work,and demonstrate the significance of the application of non-custodial compulsory measures to the special protection of minors.Through a large amount of literature collection,the author collects various information in the work of applying compulsory measures to minors,analyzes three typical cases,and introduces three types of problems in the practice of applying compulsory measures to minors.The author finds out the relevant factors that affect the application of compulsory measures to minors involved in crimes,finds out the causes of the problems,and then conducts countermeasure analysis.And the author explores the establishment of a supporting system for non-custodial mandatory measures for minors,and proposes constructive suggestions for the enhancement of the effectiveness of non-custodial measures.In the end,the author hopes that the principles and guidelines for the protection of minors in China will be implemented.In addition to the introduction and conclusion,this article is divided into three parts:The main content of the first chapter is to introduce the case and focus issues.This article selects three cases,such as “Xu's detention”,to explain the handling ideas and handling results of the case-handling personnel.After a basic analysis of it,the common characteristics of the three representative cases and the legal issues reflected in the three representative cases are summarized.And the typical problems of the three types of judicial practice work will be summarized.The second chapter of the jurisprudential analysis focuses on the in-depth analysis of the focus of the application of non-custodial compulsory measures in three criminal cases of minors.Combine the theory of juvenile protection,state-personal relationship theory,communitarian theory,etc.From the theoretical guiding significance of the application of compulsory measures for minors,think about how to apply mandatory measures properly and propose the solution to the problem.The main content of the conclusions and recommendations in Chapter 3 is to evaluate the specific practices of the judicial organs in the case,to clarify the results of the three cases and to propose legislative and judicial practical suggestions based on the aforementioned analysis and conclusions.In order to improve the application of non-custodial compulsory measures for minors,a number of feasible solutions are proposed,especially for the enhancement of the effectiveness of non-custodial compulsory measures.In the conclusion part,the author mainly expounds that non-custodial compulsory measures should be applied to the juvenile criminal suspects when they use compulsory measures for the first time,so as to avoid the application of strict detention measures.The case handler of the judicial organs should make active efforts according to the individualization of minors.The judiciary should improve the working mechanism and try to summon for interrogation,and use bail pending trial and monitoring of residential measures before the trial.In addition,when compulsory measures are applied,the juvenile case should have a special requirement for the spirit of care in comparison with the adult case.In the suggestion section,the author proposes that the risk assessment system for juvenile criminal suspects and the system of care and education should be established.To make legislative provisions on the establishment of standards for the determination of the conditions for the application of non-custodial compulsory measures in juvenile cases.And the adoption of each non-custodial measure should reflect the principle of proportionality.The judiciary should adopt a tolerant attitude towards the application of pre-trial compulsory measures in juvenile cases.And the judiciary should be guided by a new concept of juvenile protection of justice,rather than dealing with cases from the traditional concept of cooperative justice.