Participation of Juveniles in the Criminal Procedure : Comparative Study

为了更好地了解青少年参与刑事诉讼的情况，笔者也考察了青少年参与少年法庭诉讼的情况，首先，关于受害人参与少年近距离听证会的问题，只有在法院认为他们的出席不会妨碍青少年参加自己的听证会，并且青少年同意他们出席的情况下，少年法庭才允许他们参加听证会。第二，为了使未成年人与法官之间的沟通更好，法官应具备特殊的沟通技巧，并建立相互信任的关系;第三，根据国际人权法，应确保未成年人的参与，这是公平审判的本质。因此，应采取特别措施，促进未成年人对刑事诉讼程序和未成年人诉讼程序的了解和参与。第四，法律的援助是未成年人参与刑事诉讼程序的必要条件。第五，在法律的建议的帮助下，青少年参与司法，可以培养他们在少年司法中的自主性。这将有助于打破强硬运动的循环。

In order to understand the participation of juveniles in the criminal procedure more, I examine their participation in the juvenile court procedure as well.First, as regards participation of victims in close juvenile hearing, the juvenile court could permit them to attend the hearing only when the court could find their attendance would not prevent juveniles from participating their own hearing and juveniles would consent their attendance. In addition, when the court find their attendance would have adverse effect on their restoration, the court should not permit it.Secondly, in order to make proper the communication between juveniles and judges, judges should have special communication skills and establish a relationship of mutual trust.Thirdly, under the international human rights law, juveniles' participation should be secured as an essence of fair trial. Therefore, special measures should be taken to promote juveniles' understand and participation in criminal procedure as well as juvenile procedure.Fourthly, legal assistance is essential for juveniles' participation. The role and function of defense lawyers should be clarified.Fifthly, juveniles' participation with the assistance of legal advice would foster their autonomy in the juvenile justice. That would serve to break the cycle of get-tough movement.