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On International Standards Of The Juvenile Criminal Justice

Posted on:2013-01-20Degree:DoctorType:Dissertation
Country:ChinaCandidate:C F ShengFull Text:PDF
GTID:1116330371972780Subject:International Law
Abstract/Summary:PDF Full Text Request
The dissertation consists of introduction, body, and conclusion.The introduction part illustrates the significance of this study by discussing the importance of the juvenile criminal justice, two extremes in the current academic research paradigm, defects of juvenile criminal justice system in our country, the significant research value of international standards and serious shortage of the research on it. Criminal integration paradigm should be used in the study on international standards of juvenile criminal justice, with a variety of research methods.Body part is divided into five chapters:Chapter 1, "criminal and welfare:the plight of the'juvenile justice'and its way out". Points out that some of the key terms used in the juvenile justice research are more confusing, defines the meaning of these terms, clarifies the relationship between these terms, advocates that the object of applying to juvenile criminal justice is called "minors", adjusting the behavior of the scope is called "serious misconduct" and "criminal acts", the legal system adjusting two acts of minors is called "juvenile criminal justice system". Parens patriae theory has been regarded as the basic theory of juvenile justice, but it is perverse logic and practice to safeguard rights and the interests of minors and violate them, although it made a great contribution to the development of juvenile justice. Its transformation should be in accordance with the relevant international standards. The juvenile justice system has always been diverse through inspection of the juvenile justice system in typical counties. There is no absolute welfare or status of the criminal mode. The contention of the juvenile justice model is rooted in the homogenization of minors'behaviors which aren't congenerous. The minors serious misconduct and crime should be regarded as a Category view both logically and in accordance with the relevant international standards.Chapter 2, "the framework of international standards of juvenile justice and its jurisprudence". Before World Warâ…¡, the problem of juvenile delinquency resolution adopted by the International Penal and Penitentiary Meetings is the onset of international standards of the juvenile criminal justice. They became historical foundation of new international standards, although they are deficiencies and limitations. After World War II, the international standards has been developed rapidly and ultimately formed. It consists of International Covenant, legal documents approved by the United Nations General Assembly and resolutions adopted by the relevant United Nations organizations and international academic community. Its content is rich and complex, with four major features. Its basic theories are Individual Penalty and the Rights of the Child.Chapter 3, "the basic principles in the international standards of juvenile criminal justice". Summarized and analyzed the principles contained in the international standards:the treatment individuation principle, the non-punishment principle, the principle of education, the principle of equality, the principle of protection on minors' litigation rights, the principle of specialization, the principle of joint participation, including made a focus of discourse for the first two principles.Chapter 4, "the important substantive system in the international standards of juvenile criminal justice" and Chapter 5, "the important procedural system in the international standards of juvenile criminal justice". According to the important and special rules in the international standards, defects in the juvenile criminal justice in our country, two chapters focus on the eight important substantive and procedural systems:minors age of criminal responsibility system, protection of sanction system, community correction system, minors Elimination system of Criminal Record, appropriate adults participating system, social survey system, the diversion system, minor restorative justice system, pointing out the defects of our country in these systems, and putting forward construct or improve proposals.The concluding section summarizes the five basic conclusions on the juvenile criminal justice:it should be serious misconduct and criminal behavior integration, is the integration of protection and punishment, is the integration of social and justice, should have diversity. According to the International stands, and combining with China's national conditions, China should make a special "Juvenile Criminal Justice Act", to better safeguard rights and interests of the delinquency of minors.
Keywords/Search Tags:juvenile justice, juvenile criminal justice, international standards, rights of the child
PDF Full Text Request
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