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国家立法对未成年人加强保护,是世界各国的共识。我国在刑事方面的立法,对未成年人立足挽救,以教育为主,惩罚为辅,实行教育、感化、挽救的方针。但在刑事诉讼程序上,立法稍嫌不足,导致在司法实践中,对未成年人诉讼权利的司法保护时常陷入两难的尴尬境地。司法保护条款的不确定性使未成年人在刑事诉讼不同阶段面临适用法律上的不平等,对未成年人刑事诉讼权利的保护条款,立法采用了选择性的关键词。立法用语不准确,司法保护范围有缩小的危险。司法保护条款未完全摆脱“有罪推定”的影响。
National legislation to strengthen the protection of minors is a consensus of all countries in the world. Our country’s legislation in the criminal field has taken the principle of minors based on salvation, education as the mainstay, punishment as the supplement, and implemented education, probation and salvation. However, in the criminal procedure, the legislation is not enough, resulting in judicial practice, the judicial protection of juvenile litigation often fall into a dilemma. Uncertainty of the judicial protection provisions makes minors face applicable law inequalities and protection of minors’ criminal procedural rights at different stages of criminal procedure, and the legislation adopts selective key words. Legislative language is not accurate, the scope of judicial protection has the risk of shrinking. The judicial protection clause has not completely got rid of the influence of “presumption of guilt.”