低龄未成年人核准追诉程序司法适用

Judicial Application of the Approved Prosecution Procedure for Juvenile

摘要: 《刑法修正案(十一)》基于对社会低龄未成年人犯罪热点事件的回应，从实体和程序两个方面规定了12~14周岁未成年人犯罪所要承担刑事责任的特别要件。但该规则如何在司法中具体适用存在诸多争议。构建低龄未成年人核准追诉程序，在实体方面应准确把握罪名和情节恶劣的认定，在程序上明确报请的主体和方式。在最有利于未成年人原则指导下遵循“以核准为原则，以不核准为例外”，聚焦低龄未成年人核准追诉程序中的重点、难点问题，解决核准追诉程序不明确问题。

Abstract: Based on the response to the hot incidents of juvenile delinquency in society, the criminal law amendment (11) stipulates the special elements of criminal responsibility for juvenile delinquency between 12 and 14 years old from both substantive and procedural aspects. However, there are many disputes on how to apply this rule in judicial practice. In order to construct the procedure of approval and prosecution of young minors, we should accurately grasp the identification of charges and bad circumstances in terms of substance, and clarify the subject and method of application in terms of procedure. Under the guidance of the principle of the most beneficial to minors, we should follow the principle of “approval as the principle, and non approval as the exception”, focus on the key and difficult problems in the approval and prosecution procedures of young minors, and solve the problem of unclear approval and prosecution procedures.