A Study On The Arrest System Of Minors

Since the particularity of minors and their criminal behavior has been recognized by people,people have gradually sought for different ways of dealing with crimes from adults.At the same time,a set of theoretical system of juvenile justice has gradually formed.Since the 1980 s,China has also carried out the construction of juvenile criminal justice system.Although it has made some achievements,there are still many deficiencies to be improved.In the arrest system of minors,there are mainly the following problems: the conditions for the application of arrest are not clear,the phenomenon of "crime is arrest" still exists,and the "strict restriction on the application of arrest measures" for minors is not effective.The above reasons lead to the "high" arrest rate of juvenile suspects and defendants,which is not conducive to the education and protection of minors involved in crime.Based on the theoretical basis of the arrest system of minors and the judicial practice of the application of arrest measures for minors,this paper reveals the problems existing in the current arrest system of minors in China,and puts forward the idea of improving the arrest system of minors in China.This paper consists of the following three parts:The first part mainly expounds the basic problems of the arrest system of minors.The main contents include: first,the "minor" in this paper refers to the person between 14 and 18 years old;second,it clarifies the difference between "arrest" and "custody";third,it analyzes the theoretical basis of the minor arrest system,such as the theory of state parental rights,the principle of the best interests of children,thetheory of signature,the criminal policy of minor crime,etc.The second part mainly analyzes the application of the measures of arresting minors in China.The main contents include: first,it is to evaluate the current system construction of the application of arrest for minors in China;second,it is to analyze the current situation of the application of arrest measures for minors in China,such as "high rate of arrest","declining rate of arrest year by year","different rate of arrest in different provinces","low rate of application of compulsory measures for guarantor pending trial";third,it is to analyze the failure of the arrest system for minors in China.Establishing the concept of restricting the application of arrest measures,unclear conditions of arrest of minors,low application rate of non custody measures and insufficient social support for criminal cases of minors.The third part mainly discusses the improvement of the arrest system of minors in China.The main contents include: first,it establishes the concept of careful arrest and change the assessment mechanism;second,it improves the arrest standard of minors,that is to improve the arrest standard of minors;third,it improves the application rate of alternative measures for custody of minors;fourth,it improves the social support system in order to improve the application rate of non custody measures for minors.