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随着程序工具主义向程序本位主义的转化,对未成年人犯罪案件“区别对待、特殊保护”已成为一种世界潮流。从我国目前现状来看,虽然立法上对未成年人侦查程序确有规定,但是在思想理念、法律制度以及具体实施上皆不合时宜,故而亟须从观念、制度和实践三个层面来予以重新构建。
With the transformation from proceduralism to proceduralism, the criminal case of juvenile delinquency has become a worldwide trend. Judging from the current situation in our country, although there are provisions in the legislation on the procedures for the investigation of minors, they are outdated in their ideological concepts, legal system and concrete implementation. Therefore, it is imperative to reconstruct them from three aspects of concept, system and practice .