| Prior Deliberation System in Juvenile Delinquencies means that for Juvenile Delinquencies,they should be reviewed in advance by a specially authorized agency of the law.Based on the harmfulness and protection of the juvenile,the judiciary procedures,the system of treatment.In terms of characteristics,the Prior Deliberation System is a pre-trial procedure for juveniles,which is compulsory,authority,and discretionary.It aims to rationally allocate judicial resources and strengthen the protection of Juvenile Delinquencies.Its theoretical basis has both the commonality of justice and the characteristics of juvenile justice,which are embodied in dual characteristics,namely the integration of interventionism and diversionism,the compromise between protection of minors and social interest,and the balance between educational thinking and punishment.Based on the examination of the experience of the juvenile Prior Deliberation system in foreign countries or regions,the pre-discussion system can be divided into two modes: the procuratorial organs and the judicial organs,according to the different organs that exercise power.The representative country of the procuratorial organ’s first-discussion model is Germany,which delegates the power of Prior Deliberation System to procuratorial organs and implements a unified judicial system,which focuses on reducing the intervention of criminal juvenile behavior;the typical representative of the judicial organ’s Prior Deliberation System model is Japan,which will prior deliberation power is given to the family court to implement a dual judicial system,which focuses on intervening and protecting the growth of the guilty juvenile.Juvenile justice in our country started late and has not been in line with the international community.It belongs to the "little adult" model.It seems to be different from the adult justice in form,has no substantive characteristics,and faces the urgency of reform.On the basis of clarifying our country’s current "pipeline" juvenile justice system,analyzing its advantages and disadvantages,coupled with the value analysis of the Prior Deliberation system for Juvenile Delinquencies,it is fully demonstrated that the introduction of Prior Deliberation System in Juvenile Delinquencies is the In terms of the current judicial status and reform requirements in our country,the discussion system has both its necessity and practical significance,and it also has sufficient feasibility at the right time.Rooted in my country’s social development and the practice of the rule of law,on the basis of following the laws of local juvenile justice development,construct Prior Deliberation System in Juvenile Delinquencies in line with my country’s national conditions.According to the status quo of my country’s judicial system,combined with the trend of future judicial reforms,the ideological adherence to the special concept of juvenile justice,the institutional distinction between juvenile judicial cases and adult criminal cases,and the prior discussion of juvenile’s wrongdoings.The power of Prior Deliberation System is granted to the juvenile courts belonging to the judicial organs,supplemented by a sound and well-prepared system of pre-discussions,the scope of acceptance of cases and the operation of procedures,which can fully protect the growth of criminal minors and punish criminal minors with serious social harm. |