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Research Report on the Procedures for Criminal Cases Committed by Minors in China

Journal: Asian Journal of Social Sciences and Humanities (Vol.4, No. 2)

Publication Date:

Authors : ;

Page : 24-38

Keywords : Minor; Minor crime; Criminal case; Special procedures; Criminal Procedure Law;

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Abstract

The Criminal Procedure Law (2012) of China included a new chapter establishing the special procedures for criminal cases committed by minors. With the aim to find out the issues emerged in the implementation of the Special Procedures, to present the suggestions to further perfect the Special Procedures in the legislation, to improve the maneuverability of the Special Procedures in the practice, we investigated and surveyed the implementation of the Special Procedures in the form of interviews and panel discussions in several representative regions. In this paper, the methods of positive research, literature research and history research have been adopted. The research presents that since the Criminal Procedure Law (2012) came into effect, remarkable results have been achieved. However, there are several problems hindered the application of the Special Procedures. According to the results we suggest that the judicial organs shall strictly implement the Criminal Procedure Law (2012) provisions and interpretations through the inspection of law enforcement. And the following systems in the Special Procedures shall be further reformed and perfected: specialization of the judicial organs, professionalization of the judicial personnel, participation of appropriate adults, social investigation, strict application of arrest, conditional non-prosecution, and sealing of the criminal records.

Last modified: 2015-07-18 19:30:52