摘要
立案侦查、审查起诉为审判前程序,即案件交付法院审判之前的诉讼阶段。刑事诉讼法将审判前程序置于十分重要的地位,但对未成年人刑事案件的审判前程序的立法理念不明确;未成年犯罪嫌疑人被强制性纳入诉讼轨道。从保护未成年人刑事诉讼权利、有利于未成年嫌疑人回归社会出发,设立相应过滤机制,避免因未成年人对事物的辨别能力和意识控制能力不强而不能充分享受诉讼权利是必要的。在侦查阶段应区别对待成年嫌疑人和未成年嫌疑人;在审查起诉阶段应建立有利于挽救未成年嫌疑人的起诉制度。
Placing a case on file for investigation and prosecution falls into the category of procedures prior to case trials, i.e. proceedings prior to the case being subjected to the court of law for trial. The proceedings prior to trials have been placed in a prominent place in the criminal procedure law. However, the conception of legislation is somewhat vague concerning the proceedings prior to trial in the case of juvenile crimes. Juvenile crime suspects are being forcibly brought into lawsuit. In order to safeguard the procedural right of the juvenile and to help juvenile crime suspects re_immerse in the society, it is not unnecessary to set up a filtering mechanism in which several factors from the juvenile's side are taken into consideration (i.e. that they are easy to lose control and that they are not always capable of distinguishing between right and wrong). At the stage of investigation, adult and juvenile suspects should be dealt with in a different way; at the stage of prosecution, a prosecution system that can help reform juvenile suspects should be set up.
出处
《南京晓庄学院学报》
2005年第4期78-85,共8页
Journal of Nanjing Xiaozhuang University
关键词
未成年人
刑事诉讼
审判前程序
juvenile
criminal prosecution
proceedings prior to case trials
