On The Perfection Of The Special Procedures For Juvenile Criminal Proceedings

Since the 1970s,the problem of juvenile delinquency is serious,and the ageing trend is obvious.In 2012,the Criminal Procedure Law added a specialprocedure for juvenile criminal proceedings,adhering to the education-oriented and punishment-assisted" The principle guides minors involved in crime to get lost and return to society.However,the current situation of juvenile delinquency is becoming younger,and the problem of juvenile involvement in crime is still serious:juvenile violations occur from time to time,and many of them are committed by the juvenile under the age of 14.Therefore,it is highlighted that there is a deviation between the theoretical conception and practice of the special procedures for minor criminal proceedings.First,minors under the age of 14 have not reached the age of criminal responsibility,and even if involved in crime,they will be on the edge of the law.;The second is that the supporting system needs to be improved.If the conditional non-prosecution system is too narrow in scope,and the inspection obligation is ambiguous,it is difficult to play the intended educational correction function;Third,minors who have entered the legal proceedings are facing adult-oriented penalties.The penalties applicable to minors still need to be individualized to follow the education and rescue policy.Therefore,it is imperative to perfect the special procedures for minor criminal proceedings.This article is divided into four parts:The first part is an overview of special procedures for juvenile criminal proceedings,clearly defining the scope of minors,and introducing the basic principles and basic systems behind the establishment of special procedures for juvenile criminal proceedings.The second part mainly analyzes the current problems of juvenile delinquency and criminal behavior,and the deficiencies exposed during the implementation of special procedures for minors.Analyze its roots in principle to improve related systems.This section is the focus of this articleThe third part mainly introduces the experience of comparative law and its enlightenment to China.It fully considers the degree of conformity between the characteristic systems of countries in different models and the national conditions of China.Based on the problems explained in the second part,it introduces experiences worthy of our reference.The fourth part is the suggestions for perfecting the special procedures of juvenile criminal procedure in China after analyzing the second and third parts and combining with the trend of aging of the subject involved in crime.