Research on the Related Issues of the Authorization and Prosecution System of Serious Violent Crimes Committed by Young Minors

The approval and prosecution system for serious violent crimes committed by minors, refers to the legal mechanism stipulated in Article 17, Paragraph 3 of the “Criminal Law Amendment (XI) ” in 2021, which grants the Supreme People' s Procuratorate the right to approve the prosecution for specific serious violent crimes committed by minors aged 12 to 14. This system, in its concept, draws on the essence of the preliminary hearing system and the “malice supplements age” system from dualistic judicial systems in other countries and regions, demonstrating its forward-looking and practical significance. However, given China' s unique national conditions and the actual situation of its monistic judicial system, this system has encountered a series of practical challenges and dilemmas in judicial practice. To address these challenges, research can be conducted from a comparative law perspective, drawing on the successful experiences of preliminary hearing systems abroad, to revise and improve relevant legal systems. Clarifying the substantive and procedural standards for approval and prosecution, and strengthening the construction of the juvenile justice protection system, will ensure the effective implementation and fair execution of this clause, and on this basis, promote the establishment of a dualistic judicial system with Chinese characteristics, providing a more solid institutional guarantee for the judicial protection of minors.