摘要
我国《刑事诉讼法》对未成年人刑事案件不公开审理制度予以了规定。其时点理应以"犯罪时"(即"行为时")为准,而最高人民法院2001年的相关司法解释却将其错误地确定为以"审理时"为准。这一谬误一直未受到有力的质疑,且最近的《刑事诉讼法修正案》将这一谬误予以升格性的持续。该谬误源于对未成年人刑事案件不公开审理制度基本原理的模糊认识,迫切需要得到澄清和修正。
The closed hearing for juvenile criminal cases was stipulated in the Criminal Procedural Law in 1996. The juvenile＇ s age should be considered according to the time of behavior, but the judicial interpretation in 2001 issued by the Supreme Court wrongfully defined that the juvenile＇ s age should be the time when the trial started. While this mistake has not been challenged effectively ever since then, the recent amendment to the Criminal Procedural Law is now ready to continue this mistake. This mistake is caused by the ignorance of the related rationale which needs to be stated clearly, and the mistake needs to be corrected promptly.
出处
《西南政法大学学报》
2012年第6期55-60,共6页
Journal of Southwest University of Political Science and Law
关键词
未成年人刑事案件
不公开审理
审理时
谬误
行为时
juvenile criminal cases
closed hearing
time of trial
mistake
time of behavior
