Restrictions On The Application Of Arrest Measures For Minors

The juvenile judicial system plays an important role in the development of the rule of law in a country.In the legal system of criminal action in our country,the new revision of the criminal procedure law in 2012 and has many legal interpretation for the regulation of system of juvenile arrests,but these rules are scattered,lack of systematic,so the procuratorial organ in the judicial practice,it is difficult to in the process of examination and approval to arrest a minor cases will be to implement the principle of special protection,and juvenile arrest procedures too town government in our country,this is for the implementation of the arrest measures in our country has brought many adverse effects.Different from many countries outside the region,the arrest measures in China's criminal compulsory measures also include detention.When the juveniles involved in crimes are arrested,they are often detained,which will cause great harm to their physical and mental health and affect their smooth return to society.Moreover,due to the lack of alternative measures in custody,the weak implementation in practice and the imperfect social participation mechanism,the probability of applying compulsory measures to juvenile criminal suspects remains at a high level.In both the civil law system and the common law system,there are detailed provisions on juvenile arrest measures and each has its own characteristics,which provide a reference for the improvement of juvenile arrest measures in China.We can learn from the contents which are suitable for the current judicial practice in our country,and further clarify the conditions for the arrest of minors,so as to reduce the uncertainty of the arrest of minors by the procuratorial organs.To promote the development of juvenile arrest procedure toward litigation and ensure the legitimacy of the procedure;We will further improve the alternative measures to arrest minors and the mechanism for social participation,and ensure that the measures that limit the application of juvenile arrest are effectively implemented.