The judicial protection of minors is to better protect their rights and interests and prevent them from committing crimes. It is also to cultivate a group of outstanding pillars who can make their own contributions to the country in the future. What special judicial protection do minors have? (1) Limitation of trial: set up a special "green channel" for all juvenile cases: give priority to filing, trial and execution, and emphasize quick trial and quick conclusion on the premise of ensuring the quality of cases. For some juvenile plaintiffs who are in urgent need of money, we should adhere to the principle of urgency and try our best to obtain judicial relief in the shortest time on the premise of protecting the litigation rights of the parties. For cases involving the basic life of minors, such as alimony, change of dependency relationship, and cases that may not be handled in time due to the lack of litigation ability of the parties, the judge should give full play to the role of explanation and guidance, and if necessary, review relevant evidence in the village Committee, community and school where the children live ex officio, which effectively improves the efficiency of litigation. The execution of juvenile cases by means of quickly starting the execution procedure and obtaining property evidence ex officio has made the execution of juvenile cases in the courts of the whole city show a good situation of high settlement rate and short execution period, which has provided a strong guarantee for the ultimate realization of juvenile rights and interests. (II) Protection of Minors' Litigation Rights One is to pay attention to minors' demands from the time of filing a case and provide legal guidance and assistance from the perspective of helping them correctly exercise their litigation rights. The second is to make a special notice of rights and obligations and serve it to all parties in juvenile cases, which not only protects their right to know according to law, but also strengthens their awareness of safeguarding the rights and interests of minors from the source. Third, for minor parties with financial difficulties, legal fees should be reduced, and lawyers should be appointed through judicial assistance to protect minors' right to judicial relief and lawyer's help. Fourth, in the trial of juvenile criminal cases, we should inform their legal representatives as much as possible, and send some experienced juvenile workers to participate in the proceedings, so that minors can get help from adult parents and guidance from social professionals in criminal proceedings. Fifth, the summary procedure or ordinary procedure should be applied to simplify the trial according to law, and the "three simplicity" principles with the characteristics of minors, such as simple litigation rights, simple investigation and simple education, should be applied to fully protect their litigation rights in the application of such procedures. (III) Protection of Minors' Personality Rights First, the court should pay attention to the choice of time, place and clothes when examining evidence in schools and residences related to minors according to its functions and powers; Pay attention to the style, manner and attitude of trial when talking with minor parties, respect their personal dignity, protect their reputation, reduce their litigation pressure, make them participate in litigation in a relaxed environment as much as possible, and convey judicial care for minors to adult parties. Second, in the trial of cases in which the defendant is a minor and involves the privacy of minors, the closed-door trial system shall be applied according to law, and the names, residences, photos and information that may be inferred from minors shall not be disclosed to the outside world; When making the judgment documents that must be made public, except the information that must be stated according to the needs of the referee, try not to disclose other basic information that may be inferred from minors to the public, and fully protect the privacy of minors. Third, pay attention to mediation in civil trials, mobilize social forces and form a dispute resolution mechanism. It is necessary to combine service with pre-trial, in-court and post-trial, litigation with multi-level social mediation, adjust as many sentences as possible and close as many cases as possible, so as to prevent the obligor from unconsciously performing the judgment and causing harm to minors again. Fourth, standardize the execution behavior and methods in the process of execution, and insist on not going directly to school to find minors; No compulsory measures shall be taken against the person subjected to execution in front of minors; Do not drive a police car, do not wear uniforms, and use other police equipment and tools with caution; Try not to let others watch, protect the privacy of the person subjected to execution, and avoid hurting the self-esteem of minor parties and minor children of adult parties. (four) the special provisions of the judicial organs in handling juvenile criminal cases, emphasizing the function of combining education with trial. Article 40 of the Law on the Protection of Minors stipulates: "When handling juvenile criminal cases, public security organs, people's procuratorates and people's courts should take care of the physical and mental characteristics of minors, and may set up special institutions or designate special personnel to handle them as needed." Article 4 1 stipulates: "The public security organs, the people's procuratorates and the people's courts shall separately detain and manage minors detained before trial." Article 42 stipulates: "All cases of crimes committed by minors over the age of 14 but under the age of 16 shall not be heard in public. Cases in which minors over the age of 16 but under the age of 18 commit crimes are generally not heard in public. " On the one hand, when trying juvenile criminal cases, we always adhere to the policy of education, probation and salvation. Through various forms such as talking, court hearing and setting up an educational stage, the psychological and behavioral correction of juvenile defendants at all stages of court hearing is realized; Introducing psychological counseling mechanism, people's jurors who are engaged in psychological work provide psychological counseling to juvenile defendants, and help them plead guilty and repent through reasonable education; Hire social investigators to investigate the causes of juvenile defendants' crimes before court, form written opinions, participate in court education, and enhance the pertinence of court education and case correction; Selective round-table trial can ease the court atmosphere and eliminate the nervousness of juvenile defendants, which is conducive to legal education and emotional education; In order to give full play to the special and general preventive functions of criminal judgment documents, the analysis of the causes of juvenile defendants' crimes should be added in the judgment, and "after the judge's words" should be added after the legal documents. On the other hand, the educational function of criminal trial for minors radiates to civil trial and execution. In the trial of juvenile civil cases, it is emphasized that the work should be done thoroughly, not only to find out the facts of the case, but also to understand the social background and psychological factors of the case, and to carry out moral education for juvenile parties; For divorce cases involving minors' rights and interests, judges not only pay attention to their own education and counseling, but also hire special psychologists to give corresponding psychological counseling when necessary, so as to eliminate the emotional obstacles of the parties as much as possible, and attach "special tips for judges" to the judgment documents to remind divorced parents to properly handle the problems of raising and visiting minors and help them obtain a healthy and growing family environment. In the process of execution, the person to be executed should be educated in ideology, morality and legal system, so as to convince people with reason, express their feelings with emotion, and try to promote the solution of the case. (V) Criminal Responsibility of Minors for Crimes According to Article 39 of the Law on the Protection of Minors: "If a minor who has reached the age of 14 commits a crime and is not subject to criminal punishment because he is under the age of 16, his parents or other guardians shall be ordered to discipline him; If necessary, it can also be adopted by the government. " At the same time, Article 17 of the Criminal Law stipulates that minors of this age only bear criminal responsibility for eight situations, such as intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion and poisoning. (vi) Dealing with the problem of luring, abetting or forcing minors to commit crimes. Because the physical and mental development of minors is not yet mature, abetting minors to commit crimes is not only harmful to their physical and mental health, but also harmful to society. Therefore, it is stipulated in the Law on the Protection of Minors, the Criminal Law and the Regulations on Administrative Penalties for Public Security that this is a heavier punishment. In addition, Article 53, paragraph 2, of the Law on the Protection of Minors and Article 353 of the Criminal Law severely punish those who seduce, instigate or force minors to take drugs or engage in prostitution. First, the provisions of the Law on the Protection of Minors on judicial protection are difficult to operate because there are no supporting provisions of substantive law and procedural law. In essence, the court has never and cannot invoke the law on the protection of minors to try cases involving minors. In the law on the protection of minors, only a few provisions of the criminal law are stipulated, but the criminal law was amended as early as 1997, and the corresponding provisions are not the original contents, so the two laws can not be connected at all. Procedurally, Article 40 of the Law on the Protection of Minors stipulates: "Public security organs, people's procuratorates and people's courts should take care of the physical and mental characteristics of minors when handling criminal cases of minors, and may set up special institutions or designate special personnel to handle them as needed. Public security organs, people's procuratorates, people's courts and juvenile reformatories should respect the personal dignity of minors who commit crimes and protect their legitimate rights and interests. " However, according to the current criminal procedure law, it is difficult for us to understand how to respect the personal dignity of criminal minors and how to protect the litigation rights and interests of this vulnerable group under such special circumstances as criminal proceedings. The juvenile justice system should include a "one-stop" working system of detention, preliminary examination, prosecution, trial, defense and discipline of juvenile criminal defendants. The reality is that there is no ready-made legal basis for how the public security organs should deal with juvenile criminal cases in essence and what special protection should be set up in procedure so that the personal dignity of minors will not be harmed under special circumstances. Therefore, in judicial practice, all judicial departments can only innovate according to the actual situation in their respective fields, but at the same time they have to face the problem of protecting the legitimate rights and interests of minors. It may conflict with the existing law or innovate outside the existing legal framework, thus lacking legal basis and violating the current legal system construction, which ultimately leads to the failure to adhere to effective measures. The Law on the Protection of Minors stipulates more about which direction we should work hard, but it does not give us a specific path to achieve our goals, and other relevant laws have no corresponding solutions. The process of criminal proceedings may be the key point for minors to form their understanding of society and law. If not handled properly, they will have a wrong understanding and view of society and law, which will not only be extremely unfavorable to their own development, but also have a negative impact on social stability and national rule of law construction. The reason for this dilemma is obviously related to our one-sided understanding of minors' rights, equating the protection of minors' rights with the protection of minors' health, ignoring the respect for minors' personal dignity or not deeply understanding the connotation of minors' personal dignity. Second, the provisions on judicial protection in the Law on the Protection of Minors only involve juvenile crimes and related criminal penalties in essence, ignoring the provisions on judicial relief for other legitimate rights and interests of minors. Although most scholars have never forgotten to emphasize that China's juvenile justice system is protective and preventive, not punitive or repressive, most of the current juvenile courts only try juvenile criminal cases, and the concern or protection of public security organs and procuratorial organs for juvenile crimes is more reflected in the process of cracking down on and accusing juvenile crimes. As a full-time legal supervision organ, the procuratorial organ's supervision activities are limited to the field of criminal proceedings. Since the basic idea of the juvenile justice system is to protect minors, but the direct function of the current juvenile justice system is punishment, how can such a juvenile justice system achieve the purpose of protecting minors? The existing provisions on judicial protection in the Law on the Protection of Minors are obviously ineffective in protecting the legitimate rights and interests of minors in civil, administrative and public security aspects, and are not mentioned at all. Under the background that the international community generally advocates the comprehensive protection of the legitimate rights and interests of minors and attaches importance to the prevention of juvenile delinquency, it is no longer appropriate to regard juvenile criminal cases as the only content of juvenile judicial protection. Cases involving the maintenance, guardianship and injury of minors' vital interests should also be part of the judicial protection of minors and should be an important part. Judicial protection organs should gradually expand their work fields and strengthen the judicial protection function of minors' rights and interests in these fields. Third, there are also problems in the connection between judicial organs and other institutions for the protection of minors. Protection is the general goal of juvenile justice, and the specific goals of juvenile justice are: first, the juvenile who violates the law can get an environment that is most suitable for him to correct. This environment is endowed by the judiciary and society, not a simple punishment. The second is to continue to receive education, such as whether it is possible for a juvenile who commits a crime to continue his studies, whether he can be guaranteed to study effectively, and what specific educational methods and contents are needed. The third is psychotherapy and behavior correction to correct children's bad behavior habits. Another important task of juvenile justice is to use judicial power to provide a healthy and upward social environment for the development of all minors and purify their living space. In practice, this requires the joint efforts of the whole society and the coordination of various functional departments, that is, the protection of minors should be socialized. In judicial practice, such problems often appear. Some students under the age of 18 in middle schools and universities were sentenced to non-imprisonment after committing crimes. The school cited the provisions in the Regulations on the Administration of Colleges and Universities that all students who had been criminally punished were expelled from school and refused to return to school. The university management regulations are a law, and legally speaking, the legal effect should be subordinate to the law on the protection of minors. But in judicial practice, no school discusses the effectiveness of the law with you. This is a provision that the law is full of humanistic care in order to effectively help juvenile delinquents, but in practice, the good intentions of the law and judicial organs after careful consideration and selection can not be realized. How can the rights of minors be effectively safeguarded? The reason is that the Law on the Protection of Minors does not stipulate the legal responsibilities of relevant protection agencies. After weighing the pros and cons and considering various factors, the judicial organs give minors a better solution, but they often give up all their efforts because of the lack of cooperation from other relevant protection organs. In addition, when the judicial department performs its duty of creating a healthy environment for the growth of minors in accordance with the law, it is often because of the lack of a unified definition of the status and role division with relevant institutions under the legal framework, such as women's federations, youth league committees, schools and other institutions, which often appear "all talk, no one cares; Are in charge, no matter "phenomenon. The above is an introduction to the special judicial protection of minors. Judicial protection of minors refers to the special protection activities for minors carried out by public security organs, people's procuratorates, people's courts, prisons, juvenile reformatories and other organs according to law.

Legal objectivity:

I. General Principles for the Protection of Minors (I) Principle of Special Priority Protection Article 3, paragraph 1 of the newly revised Law on the Protection of Minors stipulates that the state shall give special priority protection to minors according to their physical and mental development characteristics and protect their legitimate rights and interests from infringement. Give special and priority protection to minors, that is, the principle of "minors first". Its basic meaning means that the state and society should attach great importance to the rights of minors and their survival, development and protection. No matter what the circumstances, any organization or individual should give priority to minors. The newly revised Law on the Protection of Minors highlights in the general provisions that it is of great significance to give special and priority protection to minors according to the laws and characteristics of their physical and mental development. It is a general principle for the protection of minors and a red line that runs through the whole law. For example, the newly revised Law on the Protection of Minors stipulates in the chapter on social protection that "when emergencies occur in schools, kindergartens, nurseries and public places, priority should be given to helping minors." Patriotism education bases, libraries, youth palaces and children's activity centers should be open to minors free of charge "; Museums, memorial halls, science and technology museums, exhibition halls and other places shall be open to minors free of charge or preferential treatment in accordance with relevant regulations; In the chapter on judicial protection, it is stipulated: "In judicial activities, legal aid institutions or people's courts shall give help to minors who need legal aid or judicial assistance, and provide them with legal aid or judicial assistance according to law." "For minors who commit crimes, the policy of education, probation and salvation shall be implemented, and the principle of giving priority to education and supplementing punishment shall be adhered to. Minors who commit crimes shall be given a lighter, mitigated or exempted punishment according to law. "The principle of giving special and priority protection according to the characteristics of minors' physical and mental development is a sublimation of the understanding of the regularity of minors' protection work and a concentrated expression of the advanced concept of child protection in the international community in domestic law. (II) Principle of Equal Protection The third paragraph of Article 3 of the newly revised Law on the Protection of Minors stipulates the principle of equal protection for minors, that is, "minors enjoy equal rights according to law regardless of gender, nationality, race, family property status, religious beliefs, etc. "China's current laws not only provide general protection for minors, but also provide protection for minors with special circumstances or special circumstances. It is wrong to ignore the general legal protection of minors; It is also wrong to ignore the protection of special minors or special circumstances of minors. The so-called equal protection should be an organic combination of general protection and special protection, not that all children and minors should be treated equally. Two. The basic principle of the protection of minors is also the principle of the legal protection of minors, which refers to the guidelines that guide the protection of minors. According to Article 5 of the newly revised Law on the Protection of Minors, the basic principles to be followed in protecting minors include: respecting the personal dignity of minors; Adapt to the laws and characteristics of minors' physical and mental development; Combination of education and protection. (1) Respecting the personal dignity of minors is also a right of personality, which can be divided into broad sense and narrow sense. Personality rights in a broad sense include life and health rights, name rights, reputation rights, honor rights, portrait rights and marital autonomy. The narrow sense of personality right usually refers to the right of reputation. Respecting minors' personal dignity is not only from the perspective of protecting minors' personal rights, but also from the perspective of respecting minors' independent personal dignity, so that minors' self-esteem will not be hurt and their personal values will not be devalued. The law recognizes that every citizen enjoys equal personality rights, and the personal dignity of citizens should be respected according to law. Minors should constantly establish their self-esteem, self-reliance, self-confidence and self-improvement in the process of growth and development, which requires the society and adults to treat their children as friends and change the old concept that children are the private property of their parents. Respecting the personal dignity of minors is an obligation stipulated by law. Especially for minors who commit crimes, we need to respect their personality and educate and influence them through patient and meticulous work in the right way. (2) The laws and characteristics of adapting to the physical and mental development of minors include physical development (structural form and physiological function) and psychological development (cognitive ability and psychological characteristics, knowledge and skills and ideological and moral character). Minors are growing up and are fundamentally different from adults in physiology and psychology. The physical and mental development of minors has its own laws and characteristics. 1, unbalanced physical and mental development. This is mainly manifested in two aspects: first, the development speed of the same aspect is uneven in different age groups. The second is the imbalance of development in different aspects. Therefore, we should adapt to the imbalance of physical and mental development, seize the critical period and conduct education in time. In this period, the training of an individual in one aspect can achieve the best effect and give full play to his potential in this aspect. If you miss the critical period, the effect of training will be reduced or even irreparable. 2. The sequence and stages of physical and mental development. The individual's psychological and physiological development is a continuous development process from low level to high level and from quantitative change to qualitative change, showing a certain stage and order. Each stage has its * * * same laws and characteristics, and there are different performances and different needs in the later stage. It is necessary to adapt to the order and stage of physical and mental development, step by step, and neither overstep nor rush, let alone wait blindly and miss the opportunity. 3. Complementarity of people's physical and mental development. For example, people's spiritual strength, will quality and emotional state can regulate the whole body, help people overcome diseases and disabilities, and make their body and mind still develop. However, if a person's psychological endurance is too poor, he lacks self-adjustment ability and strong will, then even minor illnesses and difficulties will knock him down. Complementarity tells us that some development possibilities are directly visible, while others are faintly visible. Cultivating the quality of self-confidence and hard work is an important part of education. 4. Individual differences in physical and mental development. Individual differences exist at different levels and degrees. It should be noted that the difference of individual development level is not only caused by the difference of individual innate quality and internal function, but also influenced by the efforts, self-awareness and independent choice direction of the environment and development subjects in the development process. In education, while understanding the general laws of physical and mental development of minors, we should also pay attention to individual differences, adjust educational methods and teach students in accordance with their aptitude. The physical and mental development of minors should follow these laws, which restrict our education. Following and applying these laws can make education work achieve good results. On the contrary, it may get twice the result with half the effort, even dampen students' learning enthusiasm and reduce the effectiveness of education. Therefore, the general provisions of the newly revised Law on the Protection of Minors stipulate that the protection of minors should follow the principle of adapting to the laws and characteristics of the physical and mental development of minors. As a concrete embodiment of this principle, for example, in the chapter of family protection, the content that parents or other guardians should "pay attention to the physiological, psychological and behavioral habits of minors" has been added; In the chapter of school protection, it is stipulated that "schools should provide social life guidance, mental health consultation and adolescent education to underage students according to their physical and mental development characteristics"; In the chapter of social protection, it is stipulated that "when emergencies occur in schools, kindergartens, nurseries and public places, priority should be given to helping minors." In the chapter of judicial protection, it is stipulated that "if a minor's legitimate rights and interests are infringed and a lawsuit is brought to the people's court according to law, the people's court shall promptly hear the case according to law, adapt to the physiological and psychological characteristics of minors and the needs of healthy growth, and protect the legitimate rights and interests of minors." "Public security organs, people's procuratorates and people's courts shall take care of the characteristics of minors' physical and mental development, respect their personal dignity, protect their legitimate rights and interests, and set up specialized agencies or designate special personnel to handle them according to needs. Minors who are detained or serving sentences shall be held separately from adults. "(3) The combination of education and protection Education and protection are two major themes for the protection of minors, and they are combined and complement each other. We can't just talk about protection and ignore education, and we can't ignore protection. Minors are in the process of physical and mental development and are easy to accept new things, which is the best stage of education. Only through education can they become talents needed by society, and through education of minors, they can develop their body and mind, promote perfection, greatly enhance their ability to resist foreign aggression and realize self-protection. In this sense, education has a protective effect on minors. However, education is not equal to the protection of minors, nor can it replace the protection of minors. Therefore, while educating minors, we also need the protection of the whole society. However, when it comes to protection, we should not overprotect or spoil it. When choosing protection means, we should consider the factors of education at the same time, and promote education while realizing protection, but we can't ignore or even have a negative impact on education. That is, organically combine protection measures with educational measures, integrate protection into education, strengthen education in protection, and earnestly implement the principle of combining education with protection.