审前程序中未成年人的权利保护

目前，在审前程序中未成年人应有的诉讼权利与实有的诉讼权利之间存在较大的张力。实有权利的缺失现象，一方面源于作为权利依据的统一立法的缺失，另一方面源于规范内容在司法中的困难。对未成年人诉讼权利进行专属立法，建构专门的司法程序，应成为今后未成年人司法制度建设的重点，而保释权、合适成年人在场权、法律帮助权及沉默权是未成年人审前程序权利保障的主要内容。

The Protection of The Minors' Pretrial Procedural Rights

By reviewing the pretrial litigation rights of the minors in China,it is noticed that there's a great difference between the rights which the minors should have and the rights that they can actually enjoy.The lack of the rights is on one hand due to the lack of unitive legislation criterion in respect of rights protection,on the other hand due to the difficulties in the implementation of regulations in the current judicial system.Making a special law in respect of the minors' litigation rights and establishing a set of special judicial proceedings should be the keystone in building a judicial system in respect of the minors in the future.And reducing the detention rate,carrying out bail rights as well as presenting rights for suitable adults and legal aid rights should be the main subjects for the protection of the minors' pretrial procedural rights.