| Every energetic, unruly minor takes the responsibility of mankind continuation, national growth and family dream realization. Regardless how to highly promote juniors’ value for our whole society, it would never be overstated. Since the founding of United States in 1899, juvenile justice focuses on juniors’ healthy growth and value maximization for the whole society. This profound and creative concept, which embeds with humanity, became popular all over the world. During the legal revolution of late Qing dynasty, juvenile justice was introduced to China, starting with the youth crime forgive system. The huge gap between eastern and western culture, deters the development of eastern juvenile justice system. Taiwanese juvenile justice system inherited from China mainland during late Qing dynasty and the beginning Republic of China. After more than a hundred years’ of development, Kaohsiung juvenile court founded in 1999, which indicates Taiwanese juvenile justice system step into mature stage. In China mainland, juvenile justice system step in a new stage after 1949. Since 1984 the first juvenile court established in Shanghai Changning District, Chinese juvenile justice system have been through more than 30 years’ development, now it is facing theoretical, legal, or organizational bottlenecks, which requires certain breakthrough.This thesis believes that in order to making breakthroughs in Chinese juvenile justice system, researchers have to follow the logic of objects-regulation-culture to perform a thorough study on juvenile justice history and culture, which could lead to the understanding of the social norms of minor and juvenile justice. This thesis follows above logic that performs research on juvenile justice history and culture, observes its emergence and consolidates the similarities and discrepancies between traditional Chinese legal culture and juvenile justice culture. Based on above research, author brings out the idea of how to nurture Chinese juvenile justice culture and achieve the transformation of traditional legal culture transformation. This thesis includes six parts.The introduction part focuses on a brief description on the importance of the topic, research logic, terms definition and uniqueness of this thesis. This part follows how to solve practical problems, which brings out the purpose of this thesis that juvenile justice needs to be set forward from regulatory to cultural aspects.The first chapter exploits Chinese juvenile justice history and traditional culture, analyzes the traditional youth crime forgive system and emphasizes the gap between law and regulation and justice practice, which aims to understand the essence of Chinese juvenile justice culture.The second chapter reviews the evolvement history of United States juvenile justice to summarize the characteristics of juvenile justice and social norms and legal background, in order to discover the origin of juvenile justice culture and understand the nature and characteristics of juvenile justice.The third chapter reappears the introduction and import of juvenile justice system during late Qing dynasty. In order to indicate the philosophical process of curiosity, self-examination, put into action, this chapter focuses on related aspects of minors’ believes juvenile justice system and culture, late Qing dynasty legal revolution and practice. The conflicts during the legal revolution reflected social psychological tangle, which are resulted from the gap between Chinese and Western culture.The fourth chapter is based on the facts that illustration above, which summarizes the conformity of Chinese legal culture and juvenile justice system.The conclusion part brings out that nurturing juvenile justice culture requires the rethink and reorganize the relationship among nation and citizen, regulation and freedom, adults and minors etc., so that China could build a people oriented, juvenile healthy growth focused, national responsibility protected juvenile justice culture. |
