An analysis of the institutional reasons and countermeasures of the phenomenon that detention is the principle and non-detention is the exception in criminal investigation practice in China.

Legal analysis: (1) protect the legitimate rights and interests of minors to the maximum extent; (two) to ensure the normal conduct of criminal proceedings; (3) Combining active application with strict examination; (four) the legal effect and social effect are unified. Non-custodial litigation should be applied to juvenile criminal suspects and defendants who may be sentenced to fixed-term imprisonment of not more than three years, criminal detention (including probation), public surveillance, single additional punishment or exemption from criminal punishment according to law.

Legal basis: Criminal Procedure Law of People's Republic of China (PRC).

Article 277 The principle of education, probation and salvation shall be applied to minors who commit crimes, and the principle of giving priority to education and supplementing punishment shall be adhered to. When handling juvenile criminal cases, the people's courts, people's procuratorates and public security organs shall ensure that minors exercise their litigation rights and obtain legal assistance, which shall be undertaken by judges, prosecutors and investigators who are familiar with the physical and mental characteristics of minors.

Article 278 If a juvenile criminal suspect or defendant fails to entrust a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to defend his appointed lawyer.

Article 279 When handling juvenile criminal cases, public security organs, people's procuratorates and people's courts may, according to the circumstances, investigate the growth experience, causes of crimes and guardianship education of juvenile suspects and defendants.