日本少年法与检察官参与制度

日本自1948年制定新的少年法以来,对该法进行了四次修改,前三次将是否设立检察官参与少年审判制度作为修改的重点内容之一.对建立该制度的构想,社会各界一般给予了否定,认为检察官参与少年审判违背了少年法的理念,将给少年法带来"严罚化"倾向.但面对日益严重的少年犯罪,第三次修改时确立了检察官参与制度.日本检察官参与制度的启示在于:少年审判制度必须以保护少年的健康成长为目标,避免片面追求"严罚化",检察官应当对犯罪少年的保护和教育发挥重要作用.

Amendment of Juvenile Law and Establishment of Prosecutor's Participating System of Japan

The juvenile law of Japan, which was made in 1948, has been amended for four times, and previous three times had considered as one of the important issues whether the prosecutor's participant system in trial of the minors should be established. Most people negated the prosecutor's participating because it would violate the principle of juvenile law, and cause a tendency of strict punishment. However it was still established in the third amendment in order to deal with the serious social problem of juvenile crime. The elicitation of Japanese system includes that the system of juvenile trial must aim at protecting the growth of juvenile to avoid seeking for the strict punishment, and the prosecutor should play important role in the protection and education of the juvenile criminals.