The Understanding and Development of"Approved Prosecution"of Young Minors From the Perspective of Substantive Law
The"approval of prosecution"stipulated in Article 17,paragraph 3,of the Criminal Law is not purely a procedural element,but has substantive legal implications.In terms of the logical premise,the legislator did not change the"image of genaral people"who should bear criminal responsibility through the legal drafting path of"lowering the legal minimum age of criminal responsibility on an individual basis",but only gave the judicial authorities the power in extreme cases to specifically prove that individuals below the legal minimum age of criminal responsibility have the ability to bear criminal responsibility.In terms of the nature of power,the power to approve prosecution is not a discretionary power centered on"whether it is necessary to punish underage minors",but an exceptional counterproof power centered on"whether it is justified to punish underage minors".Substantive law elements cannot solve the problem of"should-be punished"independently,and the majority view that completely separates procedural legal requirements from substantive legal requirements cannot be established.Judicial authorities should make up specific proof of criminal responsibility ability based on sufficient legal socialization that young minors has experience in specific scenes such as families and schools This is the precisely the specific meaning of"approved prosecution"in the responsible level of substantive law.
young minorsapproved prosecutionsubstantive law meaningtheory of exceptional counterprooflegal socialization
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