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| Opinions of the Supreme People's Procuratorate on Strengthening the Development of the Specialization of Procuratorial Work Related to Minors | | 最高人民检察院关于加强未成年人检察工作专业化建设的意见 |
| (No. 1 [2016] of the Supreme People's Procuratorate) | | （高检发未检字[2016]1号） |
| The people's procuratorates of all provinces, autonomous regions, and municipalities directly under the Central Government; and the People's Procuratorate of Xinjiang Production and Construction Corps: | | 各省、自治区、直辖市人民检察院，新疆生产建设兵团人民检察院： |
| China has more than 300 million minors. Strengthening the judicial protection of minors is not only related to the healthy growth of minors, but also to the long-term development of the country and the nation, and it is both the common responsibility of whole society and the important duty of the procuratorial authorities. Realizing the specialization of the procuratorial work related to minors is the premise and basis of effectively conducting procuratorial work related to minors. Therefore, the following opinions on strengthening the development of the specialization of procuratorial work related to minors are hereby offered: | | 我国有3亿多未成年人，加强对未成年人的司法保护，关系到未成年人的健康成长，也关系到国家和民族的长远发展，既是全社会的共同责任，也是检察机关的重要职责。实现未成年人检察专业化，是做好未成年人检察工作的前提和基础。为此，现就加强未成年人检察工作专业化建设提出如下意见： |
| I. Fully understanding the significance in the development of the specialization of procuratorial work related to minors | | 一、充分认识未成年人检察工作专业化建设的重要意义 |
| Procuratorial work related to minors is special and significantly different from adult justice in the aspects of functions and tasks, internal patterns, judicial concepts, evaluative standards, etc., and is an independent category of procuratorial business. The primary objective of procuratorial work related to minors is not to realize punishment. Its intention, focus and target are to protect the rights and interests of minors, prevent the recommission of crimes and help minors, and, in addition to the functions of justice, case handling and litigation supervision, it assumes the functions of aid, education, crime prevention, etc. The ultimate goal of procuratorial work related to minors is not conviction and sentencing, and settling disputes and concluding cases, but, with the facts of cases as starting point, explore the reasons for the minors' problems, adopt necessary means ofintervention , improve the mental conditions, family education and social environment of minors, help minors in trouble to back to normal life and help them grow healthily. The procuratorial department related to minors shall implement the work mode integrating "arrest, prosecution, supervision and prevention," which the departments established in procuratorial agencies cannot cover. It is proved in practice that, in places where the development of the specialization of procuratorial work related to minors is relatively solid, and there are relatively enough specialized institutions and specialized personnel, the achievement in the procuratorial work related to minors are relatively outstanding. | | 未成年人检察工作具有特殊性，在职责任务、内在规律、司法理念、评价标准等方面都与成人司法有显著的区别，是独立的检察业务类别。未成年人检察不以实现惩罚为首要目的，而以保护未成年人权益、预防再犯、帮教未成年人为出发点、着力点和落脚点，除司法办案和诉讼监督职能外，还承担着帮扶教育、预防犯罪等社会职能。未成年人检察不以定罪量刑和定分止争为最终目标，而是以案件事实为切入点，探究未成年人问题产生的原因，采取必要的干预手段，改善未成年人的心理状况、家庭教养和社会环境，帮助陷入困境的未成年人重回正常轨道，呵护其健康成长。未成年人检察部门实行“捕、诉、监、防”一体化工作模式，是检察机关其他内设部门都不能涵盖的。实践证明，未成年人检察专业化建设比较扎实，专门机构、专门人员比较充实的地方，未成年人检察工作的成效就比较突出。 |
| China's procuratorial work related to minors has witnessed 30 years' development and a leapfrog progress in the specialization development. However, it must be realized that currently there are only more than 900 independent special procuratorial institutions related to minors across the country, full-time personnel in many places are not specialized, there are no special procuratorial institutions related to minors in half of the provincial-level people's procuratorates, and there is still a long way to go in terms of specialization development. Especially, over recent years, some local procuratorial authorities realize little about the importance and specialty of procuratorial work related to minors and measure procuratorial work related to minors with judicial standards for adults. Consequently, in the reform of the judicial responsibility system, procuratorial departments related to minors merged into other departments in a one-cut-for-all manner, or no separate procurator quota was set for the procuratorial departments related to minors, weakening the specialized strength of procuratorial work related to minors. Inadequate specialization has already become an outstanding problem restricting the development of procuratorial work related to minors. The people's procuratorate at all levels shall attach great importance to the matter, further improve the recognition of the importance and specialty of procuratorial work related to minors, properly deal with the relation between the reform of the judicial responsibility system and the development of specialization of procuratorial work related to minors, and seize the favorable opportunity of the reform to conscientiously solve the problems. | | 我国未成年人检察工作经过30年发展，专业化建设已取得长足进步。但同时必须认识到，目前全国只有900多个独立的未成年人检察专门机构，很多地方专人不专，全国有半数以上的省级人民检察院还没有设置专门的未成年人检察机构，专业化建设仍然任重而道远。尤其是近年来，一些地方检察机关对未成年人检察工作的重要性、特殊性认识不够，按照成人司法的标准来衡量未成年人检察工作，导致在司法责任制改革中“一刀切”地将未成年人检察部门并入其他部门，或者没有为未成年人检察部门配置单独的检察官员额，削弱了未成年人检察专业力量。专业性不足已经成为制约未成年人检察工作发展的突出问题之一。各级人民检察院对此要高度重视，进一步提高对未成年人检察工作重要性、特殊性的认识，妥善处理好司法责任制改革与未成年人检察专业化建设的关系，抓住改革的有利契机，认真加以解决。 |
II. Accurately grasping the paths and methods of the development of the specialization of procuratorial work related to minors
．．．．．． | | 二、准确把握未成年人检察工作专业化建设的路径方法
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