析未成年人犯罪案件检察环节若干问题

未成年人是一个特殊的群体,未成年人犯罪是一种特殊的犯罪类型。一直以来,我国未成年人刑事法律制度精神充分体现了对未成年人犯罪的人文与关怀。“教育为主、惩罚为辅”这一方针作为未成年人犯罪的刑罚精神一直贯穿于新中国成立以来的各个时期。本文结合检察工作实际,从审查批捕、审查起诉等检察环节的角度出发,探讨依法保护、预防和减少未成年人犯罪,着力体现检察环节人性、文明的司法关怀,充分维护未成年人的合法权益,维护社会的和谐与稳定。     

通过完善立法健全未成年人犯罪讯问制度

未成年人是一个特殊的群体,他们的成长和发展得到了社会各界的普遍关注。本文通过对讯问未成年犯罪嫌疑人程序中存在问题的分析,提出了如何解决的几点建议,从而达到通过讯问犯罪嫌疑人,促使其自愿供述案件事实,以查明真相,实现刑事诉讼公正、效率和保障人权的目标。     

析未成年人的绑架罪主体问题——以《刑法》第17条第2款的解读为视角

理论上和实务中对《刑法》第17条第2款的规定存在不同理解，引起了《刑法》分则中所规定的相关犯罪在主体构成要件上的争议，未成年人实施绑架行为并杀害被绑架人的认定就是其中之一。通过对《刑法》第17条第2款规定的解读，提倡以“罪行”说来解释已满14周岁不满16周岁的人所应承担刑事责任的行为范围。已满14周岁不满16周岁的人实施绑架行为应不负刑事责任，对绑架过程中杀害被绑架人的行为应认定为故意杀人行为，负故意杀人行为的刑事责任。     

Adolescent Refusal of MMR Inoculation: F (Mother) v F (Father)

F (Mother) v F (Father) concerned a dispute between parents as to whether or not their 15 and 11 year old children should receive the MMR inoculation. Mrs Justice Theis took into consideration the wishes of both parents and the two ‘intelligent, articulate and thoughtful’ minors and held that inoculation was in their best interests. The troubled history of the MMR vaccine and its importance to public health provided the backdrop. Whilst the court's efforts to establish the views of the minors are to be commended, the decision is problematic in its assessment of the minors' individual medical interests and capacities, and in the significance placed on their views when determining whether inoculation would be in their best interests.     

When I grow up… I don't want to be broke: The problems with child actor trust fund requirements

Child actors have consistently been treated as typical minority laborers, with all of their earnings legally belonging to their parents. After many child actors were left with scraps at the end of their minority, Coogan's law was enacted in California to require parents of child actors to withhold some of their earnings in a trust. However, almost a century after Coogan's law was passed, there are still many child actors left with nothing. This Note proposes to both enact further union regulations to protect child actors in every state, and also to raise the required amount withheld from fifteen percent (15%) to fifty percent (50%).