Research On The System Of Juvenile Criminal Cases Prior To Discussion

Prior deliberation System in Juvenile Criminal Cases refers to a system in which juvenile criminal cases should be examined in advance by a special authority,and decided what kind of judicial procedures will be applied according to the circumstances of juvenile delinquency.Prior deliberation is,by nature,the juvenile pre-trial procedure,which has partly functions of judicial review and procedural diversion.The purpose is to implement the protection of juvenile delinquents and optimize the rational allocation of judicial resources.It is both necessary and timely to introduce the system of prior deliberation into juvenile justice in China.As an important basic system in juvenile justice,the prior deliberation system not only has the general ideas of juvenile justice,but also has its own unique theoretical basis.The theoretical roots of the system are embodied in the dualistic characteristics from different perspectives,namely,the integration of interventionism and diversionsim,the balance between punitionism and protectionism,and the juvenile criminal policy considering juvenile protection and social defense.By investigating the experience of law in developed countries or regions,according to the subjects exercising the power of prior deliberation,it can be roughly divided into the mode of judicial organ,procuratorial organ and multi-organ.The model of judicial organ is the most typical one,e.g.Japan and Taiwan.The model of procuratorial organ mainly appears in the countries at the dawn of juvenile justice,e.g.Japan in the period of old juvenile law,or countries with single-track juvenile justice system,e.g.Germany.The United States is the representative country that implements the model of multi-organ.Combining with the legal environment and judicial practice of our country,on the basis of conforming to the local judicial system,especially the operation rules of juvenile judicial system,it should be constructed a system of juvenile criminal case prior deliberation with Chinese characteristics.Under the current judicial system of our country,the juvenile prosecution department of the procuratorial organ should be given the power of prior deliberation in juvenile criminal cases;a complete procedure of prior deliberation should be designed,which is supplemented by supporting mechanisms such as the protective trial procedures and the protective measures.