Juvenile Delinquency And Juvenile Justice System

The juvenile delinquency issue has become a worldwide issue. The various countries and the international agencies provide great concerns for it. Many different measures have been taken to prevent and correct the juvenile delinquency. The juvenile justice system has formed, developed, transformed and improved under such background.From the reviewing the history of and comparing the juvenile justice practices of different countries, this paper analyzes the policy, in particular the criminal policy, regarding the juvenile justice system of these countries.The paper has three parts including 16 chapters. Separately from the historical development and current situation, the basic questions and comparative researches of the juvenile justice system and the development and improvement of the mainland China juvenile justice system, the paper has conducted a systematic analysis on juvenile delinquency and juvenile justice system, and provided legislative and judicial suggestions on the establishment and improvement of Chinese juvenile justice system. Introduction part: Through the legislative and judicial review to the juvenile delinquency, we may clearly see the vein of criminal policy of juvenile delinquency of different countries and the international society. A dialectical process has been reflected through society's attitudes to the juvenile delinquency and penalty. At the beginning the society inhumanly treated the child and juvenile, then the movement of saving the children appeared advocating to protect the judicial rights of child and juvenile and then transforming to the specific educational model as well as non-interfere mode, and then entering the crime control model as well as the fair punishment model until now. This kind of representation restitution view and the punishment view return are different from the former. It reaches the primitive purpose of punishment under the balance of social justice and due process and on the basis of seeking the punishment which the juvenile should receive and which is the most suitable.First part: Through legislative analysis and theoretical inspection to the juvenile deviance /delinquency (action) and juveniles (offender), the paper obtains the basic ideas of criminal policy regarding juvenile delinquency namely tolerance, humanism idea, educational idea, protection idea and symmetric idea. The paper has also analyzed the value conflict among the implementation of criminal policy of juvenile delinquency and the current judicial system, for example, the conflict between the principle of equality and the penalty individualization, conflict between judge discretion power and principle of legality, conflict between non- penalization and the principle of adaptation and conflict between previous conviction and society rehabilitation. The paper has also proposed the solutions which are basis for making and implementing criminal policy of juvenile delinquency.Second part: Through comparative research of juvenile justice systems of several typical countries and areas, the paper has analyzed the characteristics of implementation of criminal policy of juvenile delinquency of different countries and areas. With regard to juvenile delinquency, they all take education and correction as main measures and punishment as final method. The difference is: in more than 100-year juvenile legal system, the different countries (areas) found many successful experiences and lessons and also informed there was no worldwide medicines which can treat solve juvenile offenses. Each country (area) has its own criminal policy of juvenile delinquency with its own situation.Third part: Through the review of criminal policy of our country juvenile delinquency and judicature, the paper has clarified the reform idea of our juvenile justice system. These are the reform suggestion on suitable time for applying penalty to the juvenile and the specific measures for the reforming penalty application to the juvenile including the criminal law regulation, the penalty-making, the penalty implementation and elimination, the existing types of non-penalty methods, system flaw and reform and improvement suggestions.