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针对未成年人犯罪适用简易程序,司法实践存在对刑事政策的错误理解,导致两种极化现象,无法真正保障未成年人被告的权利。《刑事诉讼法》的修改应增加专门适用于未成年人案件的审判程序,明确办理未成年人案件的专门机构,选任专门从事未成年人犯罪审判的工作人员。当前对于未成年人犯罪审批程序,应依法严格简易程序的适用、尽量保证高素质法官审理和高素质律师的辩护、保障高水平的律师提供法律援助的权利、控诉人员和辩护律师必须出庭。
The application of summary procedure to the crime of juvenile delinquency has wrong understanding of criminal policy in judicial practice, which leads to two kinds of polarization and can not really guarantee the rights of juvenile defendants. The revision of the Code of Criminal Procedure should include more specialized procedures for trial proceedings in juvenile cases, a specialized agency for handling juvenile cases and the selection of staff specializing in juvenile delinquency trials. At present, the procedures for examination and approval of juvenile delinquency should be strictly based on the application of summary procedures, and high-quality judges should be tried to ensure the defense of high-quality lawyers and the legal aid provided by high-level lawyers as far as possible. Complaints and defense lawyers must appear in court.