2. The principle of mobilizing social forces for comprehensive education and assistance.
3. The principle of being tried by a juvenile court
4. The principle of combining education with trial and combining punishment with punishment.
5. The principle of closed trial
6. The principle that the legal representative of the minor defendant enjoys certain litigation rights independently.
7. The principle of the right to appoint a defense
8. Pay attention to the principle of protecting the rights of minor victims and witnesses.
(1) closed test principle
China's "Criminal Procedure Law" and its related judicial interpretations all stipulate the principle of non-public hearing of juvenile criminal proceedings. The principle of secret trial is an exception to the public trial of ordinary criminal cases. The reason for this provision is that the physical and mental development of minors is immature and flawed. Minors are the future of the motherland. We should try our best to help criminals return to society normally in their later years and correct their mistakes in a good environment. The principle of closed trial is the biggest difference between juvenile criminal proceedings and adult criminal proceedings, which is reflected in national legislation and relevant international treaties.
(2) the principle of combining education with trial (the policy of education, probation and salvation)
The principle of combining education with trial is also called the policy of education, probation and salvation by some scholars. This principle means that the court should pay attention to the education and influence of minors in the whole process of trying juvenile criminal cases, and the most important thing is to save and help them turn over a new leaf and return to normal life as soon as possible. For the trial of juvenile criminal cases, in addition to investigating their criminal responsibility, it is more important to educate and influence minors. This principle is further stipulated in 20 12 Criminal Procedure Law. This principle takes into account that minors are immature and their physical and mental development is not perfect, so education has become the most important policy and principle in juvenile criminal cases. This principle also requires the judicial organs to fully protect the rights of minors in criminal proceedings in the process of handling juvenile criminal cases, so that the principle of trial and education runs through the juvenile criminal proceedings. The provisions of the Criminal Procedure Law of 20 12 establish the provisions scattered in other laws before 20 12, which makes this principle operate better in practice and is more conducive to the protection of minors.
(3) The principle of quickness and simplicity
The principle of quickness and conciseness means that the people's court should try juvenile criminal cases quickly, so that the criminal proceedings of juvenile defendants can be ended as soon as possible and the adverse effects caused to them during the proceedings can be minimized. This principle also takes into account the immaturity and imperfection of the physical and mental development of minors. Minors are very susceptible to various influences during their growth, especially in bad aspects. Therefore, to minimize the adverse effects of criminal proceedings on minors, we must make a quick decision. Therefore, the author believes that in the process of trying minors, if the crime is minor and minors plead guilty, summary procedures can be taken to end the court trial as soon as possible and minimize the impact of criminal proceedings on minors. Summary procedure is also widely used in other countries in the world, which is in line with the spirit of the United Nations judicial procedure for minors.
(4) the principle of comprehensive investigation
The principle of comprehensive investigation means that in the process of trying juvenile criminal cases, the people's courts should not only try juvenile criminal facts like ordinary criminal cases, but also investigate other factors related to juvenile criminal reasons, and try juvenile criminal cases in various aspects in a targeted manner to obtain factors such as juvenile growth experience, family situation, education background, physical and mental health, which is a very important principle for judicial staff to educate, reform and save minors. Britain has set up a special probation supervisor to investigate juvenile criminal cases; In most European countries, the probation bureau undertakes this work; This principle is also stipulated in China's 20 12 Criminal Procedure Law. It mainly includes the following contents: First, public security organs, procuratorates and courts are responsible for social investigation of minors; Second, the social investigation of juvenile criminal cases is unnecessary, and the Criminal Procedure Law stipulates that it is "possible"; Third, the social investigation system requires the judicial organs to investigate the growth experience, family situation, education, physical and mental health of minors in addition to ascertaining the facts of the case when handling criminal cases of minors, and to conduct special judicial expertise when necessary. The provisions of this principle are conducive to the judicial organs to grasp the psychology of minors, better make them admit and correct their mistakes, and adopt different ways according to the physical and mental characteristics of each minor. This is the most important significance of the principle of comprehensive investigation.
(5) the principle of case handling
The principle of case handling means that when handling juvenile criminal cases, judicial organs should handle juvenile criminal cases separately from adult criminal cases, and the procedures should be carried out separately. Minors and adults should be held separately and tried separately. One purpose is to protect minors from cross infection, and the other purpose is to treat minors and adults differently. The most fundamental requirement of the principle of case handling is the specialization and specialization of juvenile criminal proceedings.
legal ground
Criminal Procedure Law of the People's Republic of China
Article11/special principles of juvenile criminal proceedings:
(a) adhere to the principle of giving priority to education, supplemented by punishment, and implement the policy of education, probation and salvation.
(2) The principle of mobilizing social forces for comprehensive education and assistance.
(3) The principle of trial by juvenile court
(four) the principle of combining education with trial and combining punishment with education.
(5) The principle of closed trial.
(6) The principle that the legal representative of the minor defendant enjoys certain litigation rights independently.
(seven) the principle of the right to appoint a defense.
(eight) pay attention to the principle of protecting the rights of juvenile victims and witnesses.
People's Republic of China (PRC) Law on the Prevention of Juvenile Delinquency
Article 53 Minors detained, arrested or executed in juvenile reformatory shall be held, managed and educated separately from adults. Community correction of minors should be carried out separately from adults. Public security organs, people's procuratorates, people's courts and judicial administrative departments shall cooperate with the administrative departments of education to ensure that minors who have not completed compulsory education continue to receive compulsory education.
Criminal Procedure Law of the People's Republic of China
Article 285 A case in which the defendant is under the age of 18 at the time of trial shall not be heard in public. However, with the consent of the minor defendant and his legal representative, the school to which the minor defendant belongs and the minor protection organization may send representatives to be present.