Prior Deliberation System For Delinquent Juveniles’ Cases

Prior deliberation system for delinquent juveniles refers to the system in which the competent authorities stipulated by law examine delinquent juveniles’ behavior and determine what kind of procedure should be applied before the delinquent juveniles’ cases enter the formal judicial procedure.Based on the value orientation of protectionism and the theory of state parental rights,prior deliberation system is substantially a part of the pre-trial procedure and functionally a part of the procedural diversion.And the prior deliberation system shows the characteristics of mandatories,passivity and censorship in operation.With the rise of "label theory",the procedure of diverting delinquent juveniles in advance is gradually established in various countries.As the first country to establish prior deliberation system,the United States set the judicial organ as the subjects exercising the power of prior deliberation.Germany chose the mode of prosecutorial organ and Japan chose the mode of family court.Various countries constantly improve the system,which provides rich theoretical and practical experience for our country.Prior deliberation system can improve the current situation of juvenile judicial system in our country.It is a general trend and has many positive implications.But at the same time we also need to consider the problems with introduction.The current system of juvenile justice in our country is still in the unitary system and the monorail system so that prior deliberation system is still difficult to integrate into the current juvenile justice system.To establish the system for our country,it is necessary to determine the organ exercising the power first.After analyzing the development of the juvenile policing system,the prosecutorial organ and the judicial organ,we should empower the minor prosecutorial organ because of its intermediate stage of litigation and the current institutional setup and work achievements.According to the legal environment and judicial practice in China,prior deliberation procedure should be further adjusted,supplemented by the classification system in juvenile delinquencies,the corresponding hierarchical protection and treatment system.And the judicial procedures for the protection of minors and other supporting mechanisms should also be established.