On Localization Of Building The Power Of Deliberative And Pre-decisional In Juvenile Justice

The juvenile’s case is first examined by a statutory body,and those cases in which protective measures are applied are dealt with directly by the first instance,while those with serious circumstances are referred to the procuratorial authorities for investigation and prosecution.This process of choosing the mode of treatment for a juvenile who has committed a crime is known as "preliminary consideration",and the prior decision of the preliminary consideration authority is known as the "power of deliberative and pre-decisional ".The "right of first consideration" in juvenile justice has been widely adopted in judicial practice overseas,and is of great significance in protecting the best interests of wrongdoing minors,optimising the rational allocation of juvenile justice resources,and realising the concept of due process.Although juvenile justice reform in China has made significant progress,it is still,on the whole,subordinate to adult justice.At present,the practice of juvenile justice in China still suffers from a lack of due process guarantees under the dual structure of administrative intervention and criminal justice,the narrow scope of application of conditional non-prosecution,and the "piggybacking dilemma" caused by the existing diversionary measures,and there are concerns about how to break out of the under-ageing of crime in the context of the amendment of the law to lower the age of criminal responsibility individually.The introduction of a "right of first refusal" for juvenile justice is essential.In a comparative study of juvenile justice in foreign countries,according to the subject of the exercise of the "right of first hearing",it can be broadly divided into the first hearing model of the judiciary,the first hearing model of the prosecution and the first hearing model of the pluralist authorities.The differences in the modes of operation do not exclude commonalities in the system.A comprehensive juvenile care system and an independent juvenile justice system are the framework for the foreign system of prior consultation,and the implementation of the system through legal provisions or rules is its legislative backing.In terms of the content of the system,the scope of the preliminary inquiry covers a wide range of areas,and all of them have a preliminary inquiry procedure as a basic part,and the results of the preliminary inquiry show a two-way diversion.At the same time,the most important feature of the system is the guarantee of due process rights for juveniles involved in the preliminary proceedings.The "right of first deliberation" in juvenile justice in other countries should be studied and analysed,and experience and lessons should be drawn from the pilot work of juvenile police in China and the practical exploration of the "integration of arrest,prosecution,prevention and education" model of juvenile prosecution.The first step is to establish the "right of first discussion" of juvenile justice with Chinese characteristics.The first step is to identify the basic elements of the localisation of the "right of first consideration",and then to refine the scope of application of the "right of first consideration",preliminary investigation and risk assessment,results and subsequent disposal,due process guarantees,remedies and supervision.This article takes the need for the introduction of the right of first refusal in juvenile justice as a starting point and focuses on the operational framework for the localisation of the right of first refusal in juvenile justice.To this end,the paper is divided into four chapters.The first chapter introduces the problems of juvenile justice in China and the reasons for introducing the right of first refusal in juvenile justice.Chapter 2 provides a comparative study of the juvenile justice system in China,summarising its individuality and commonalities and extracting the rules of its operation.Chapter 3 reviews the current practice of the public security-led system and the procuratorate-led system in China,analyses the localised mode of operation,and summarises the experience and reflections.The fourth chapter proposes a vision for the localization of the "right of first hearing" in juvenile justice from two aspects,namely,the construction of the system and the specific rules of operation,with a view to making a modest contribution to the reform of juvenile justice in China.