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On the pre-trial proceedings on the protection of juvenile suspects

Author: FengZuo
Tutor: HongDaoDe
School: China University of Political Science
Course: Procedural Law
Keywords: Pre-trial procedures Minor Legal representative Defense system Appointed defense Basic principles Litigation rights Mandatory provisions Judicial protection Different historical periods
CLC: D925.2
Type: Master's thesis
Year: 2005
Downloads: 231
Quote: 1
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Abstract


Handler of minors in criminal cases should be distinguished from adults, has been recognized by the international community and national legislation, judicial practice. But our current legislation no special juvenile criminal procedural law, judicial protection of minors, as the object of criminal prosecution is still weak and insufficient. This paper discusses the protection of the juvenile suspects in pretrial procedure Criminal. This paper is divided into four chapters: Chapter Overview First, the concept of minors in criminal law. Since the definition of the concept should be based on the mental level of maturity in different cultural, geographical, and different historical periods, the development of the mind of the person's level of maturity is different, different countries have provisions will be different, I will have the international treaties, other countries and our provisions were elaborated. Secondly, discusses the basic principles applicable in the Criminal Pre-Trial program for minors. Because of the particularity of the minors, in the pre-trial proceedings, there are some basic principles specifically applicable to minors. The researcher summarized as education, probation, save the main, criminal prosecution, supplemented by the principle of protection of juvenile suspects are legally entitled to a right of action principles, the principle of a full investigation, and the principle of openness, divisional principles and quickly minimalist principle six principles discussed in detail in this section. The second chapter of juvenile criminal cases, pre-trial procedures basic system starting from the current legislation and practice of the status quo of our legal representative system, the appointed defense system and juvenile criminal cases to be analyzed by the specialized agencies of the staff to deal with system. The legal representative system set up for juvenile suspects aims to better maintenance of the right of action of the juvenile suspects, the current legislation of our legal representative system, there are two defects: First, the legal representative of the range of requirements confusion, the legal representative of the scene as a mandatory requirement in the juvenile criminal suspects is not to take an examination. Litigation status and rights of the legal representative, the obligations only in the number of regulations and judicial interpretations made some dispersion of provisions, and tend to emphasize the right to ignore the obligations. Clear legal representative status and their rights and obligations in the litigation must pass through a sound legal representative system of justice. Appointed defense is one aspect of the criminal legal aid, which is included in the criminal legal aid. Appointed defense purposes of our current law, can be divided into the arbitrary specified and mandatory designated two cases. Our designated defense system exists only in the trial phase, this system has been extended to the pre-trial procedures necessary, and are mandatory to specify the scope of the assignment of defense of the juvenile suspects. Appointed defense system should be set up in the pre-trial proceedings need some supporting measures to ensure the realization of the purpose of the system, such as expanding the range of volunteer staff undertake criminal legal aid, improve the regulatory system on the assignment of defense counsel work.

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