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On the Issues of Juvenile Released on Bail Pending Trial

Author: ChenHui
Tutor: SunChangYong
School: Southwest University of Political Science
Course: Procedural Law
Keywords: bail pending trial Juvenile Issues Risk Assessment
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 95
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Abstract


Juvenile released on bail pending trial is an extremely important part as to protect the interests of Juvenile. Application of which coercive measures, not only has a direct bearing on whether the suspect was in custody, but also affect the handling of the follow-up stage of the proceedings. This paper aims to probe the theoretical basis and practical basis of juvenile released on bail pending trial, and combined with empirical research, analysis and reflect the legislative and judicial status quo of juvenile released on bail of China, so as to propose concrete ideas to consummate the juvenile bail system in China. This paper is divided into three parts.The first part is theoretical basis and practical basis of juvenile released on bail pending trial. From the "parens patriae" theory, and with international standards of justice and our juvenile criminal policy and judicial interpretation, it describes the theoretical basis of the juvenile bail system. Then it analyses the adverse effects of improper pre-trial detention on juvenile and on normal trials, and the feasibility of expansion of juvenile for release on bail, so to demonstrate the realistic basis of juvenile bail system.The second part is an empirical analysis of the status quo of juvenile on bail pending trial in China. By empirical research, data collection and comparative analysis methods such as, and from both the dynamic and static angle, it analyses the characteristics of minors for release on bail. First, in a different stage of the proceedings as a perspective, it analyzes the situation of juvenile release on bail in the investigation stage, the prosecution phase and the trial phase. Then do static analysis of the characteristics of the case in which the juvenile is on bail pending trial. Mainly from the characteristics of people who have been released on bail and the features the cases. Analysis finds that the function of bail in the investigation stage has been alienated, it is relatively easier for juveniles to obtain release on bail, but not standardized, juveniles from other Provinces or cities is difficult to obtain the equal protection, and such problems. Then it analyses the causes of the status quo from the legislative, judicial philosophy, the complexities of juvenile justice and so on.The third part is measures of improving the juvenile bail system. Mainly includes the establishment of the risk assessment mechanism in bail decision-making process, the risk control mechanism in the execution of released on bail, to due process of the procedures of bail, as well as special measure for juveniles from other Provinces or cities. It mainly analyses the principle and judicial practice of risk assessment mechanism, the risk control in implementation of the bail, relevant attempt and subsequent problems of making the procedures of bail procedural, and proposed some solutions to the problem. Finally, it proposes some solution as to juveniles from other Provinces or cities, taking into its Specificity.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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