The Fourth Amendment to Criminal Procedure Law and Further Development of Juvenile Justice with Chinese Characteristics(PDF)
《南京师大学报》（社会科学版）[ISSN:1006-6977/CN:61-1281/TN]
- Issue:
- 2024年02期
- Page:
- 124-134
- Research Field:
- 法学研究
- Publishing date:
Info
- Title:
- The Fourth Amendment to Criminal Procedure Law and Further Development of Juvenile Justice with Chinese Characteristics
- Author(s):
- HE Ting
- Keywords:
- Criminal Procedure Law; amendments; juvenile justice; specialized chapter model; diversion
- PACS:
- -
- DOI:
- -
- Abstract:
- In China, the Criminal Procedure Law plays an important role in supporting and leading the development of juvenile justice. The juvenile justice in China shows distinct Chinese characteristics in that it is closely related to criminal procedure at the present stage. To better adjust the interaction between the Criminal Procedure Law and juvenile justice, and to further promote the development and improvement of juvenile justice in China, it should be regarded as the basic stance of the fourth amendment to the Criminal Procedure Law to modify the part related to juveniles and deal with two integral issues. Firstly, legislators should learn from the general content of other minor-related legislations, add or adjust provisions in the special chapter in accordance with newly established rules in other laws, support the updated legal system concerning minors, and absorb the reasonable content of the existing judicial interpretations or normative documents so as to effectively coordinate with other minor-related legal norms. Secondly, legislators should reduce the restriction upon special procedures concerning minors imposed by the framework of the whole criminal proceedings and general procedures, and specify the rank between special rules for minors and general rules for adults, in order to straighten out the relationship between special procedure for minors and general procedure. In addition, the special procedures concerning juvenile victims should be founded, the diversion should be systemized, the sealing criminal records should be optimized and upgraded, and the basic content of procedures for affirmation of prosecution of serious violent crimes committed by minors of 12 to 14 years old should be specified in the revision.
Last Update: 2024-04-25