From Substantive Rights to Procedural Guarantees: Protecting Children in China’s Criminal Justice System

This chapter systematically analyzes the criminal litigation protection mechanism for minors’ rights in child-related criminal cases, focusing on the division of responsibilities and collaborative cooperation among public security organs, people’s procuratorates, and people’s courts. The Convention on the Rights of the Child establishes the principle of the best interests of the child, emphasizing survival, development, protection, and rehabilitation in cases of juvenile delinquency. In response, China applies the policy of “education first, punishment supplementary,” aiming to maximize children’s interests by prioritizing rehabilitation and reintegration. In criminal proceedings, public security organs, the procuratorate, and courts coordinate to ensure procedural safeguards across investigation, prosecution, trial, and enforcement. The procuratorate adheres to the principles of cautious arrest and prosecution, while courts provide comprehensive protections before, during, and after trial. Juveniles below the minimum age of criminal responsibility are exempt from criminal procedures, and older children follow differentiated procedures that emphasize privacy and fair trial rights. China’s Criminal Procedure Law continues to evolve to strengthen procedural protections, thereby promoting children’s healthy development. This system constructs a criminal judicial barrier for the social reintegration of minors in conflict with the law and the protection of the rights of minor victims.