The Breed Of Criminal Law And Juvenile Law

This paper focuses on the rule of juvenile law’s development,in order to find the basic theory of juvenile law that is new breed of criminal theory. In 1899, Juvenile law produced in Cook County, Illinois, American, juvenile courts was set up as a symbol. Juvenile Law has been developed constantly during the last 100 years. Juvenile law originated, from Juvenile Criminal law, in purpose of pursuiting the good effects of juvenile penalty and the simplify of juvenile criminal proceedings. As the international conferences confirmed and discussed, juvenile law has been expanded, the ruling object of juvenile law contains not only the juvenile criminal behavior but also juvenile delinquency. For the country’s economical development, to provide humanitarian assistance and protection to the children in trouble, and then indiscriminately provides education, health care and other welfare services will also become concerned with the healthy growth of juveniles full legal connotation. However, under the development of juvenile law’s practice, there is deeper theoretical support. The developmental track of juvenile criminal law is fit for new breed of criminal theory which produced in the 19 th century. Among that, new breed of criminal theory suggests individual and environmental factors determine the causes of crime on the basis of empirical basis. It’s different from old breed of criminal theory which takes the point of criminal causes as free will. On this basis, a new breed of criminal punishment theory put forward at the event individualized punishment measures advocated education punishment, the purpose of the concept of punishment. A new breed of criminal theories of juvenile delinquency at the event individualized provides a theoretical basis. After many years of development history of law study, we find that the theory is not only a new breed of criminal theoretical development of juvenile law, juvenile law develop a more clear direction.This article has six chapters., the main content of each chapter is as follows:Chapter I: It outlines the theory of new breed of criminal. There are a new breed of criminal chapter theory background, main ideas and the old school theory arguments and resolve three parts. A new breed of criminal theory in the 19 th century continental Europe. At that time, the heyday of liberal capitalist economic development, industrial civilization has brought accelerated urbanization process, juvenile delinquency, recidivism problems highlighted in the background, to produce a new breed of criminal theory provides a rich soil reality. Under the influence of a new breed of criminal theory scientism wave, take empirical research methods proposed theory is different from the old school of criminal causes of crime deterministic view that crime is not a free choice but individual and social factors result of the role. Furthermore, the proposed study is the end result of a crime of dangerousness, and the difference should be taken for different penalties for different reasons of personal danger and crime individualized measures at the event.Chapter Ⅱ :The theory produce a new breed of juvenile criminal law: juvenile delinquency law. This chapter covers juveniles and related concepts, historical study of juvenile law and the world to promote the generation; from the social context analysis, juvenile law were produced in the world to respond to the reality of juvenile delinquency and criminal breed theory produced in the same background; juvenile law originating in juvenile crime law, juvenile delinquency method to determine the non-criminal law, non-penalty, the principle of separation of juvenile delinquency principles of confidentiality special principle, the principle of negotiation, are reflected in the new breed of criminal theory of determinism social causes of crime, personal danger develop ideas and special prevention.Chapter Ⅲ: New breed of criminal law theory and the development of juvenile delinquency: Juvenile deviant method. Combine empirical findings Criminology This chapter analyzes the juvenile delinquency and deviant relationships; and then the juvenile deviance law normative analysis in establishing juvenile law system countries, the juvenile deviance method has its special early intervention to protect the concept, application objects and Diversity means at the event, with the nature of the non-crime. The foregoing features reflect the new breed reason criminal investigation after the causes of crime theory, social factors and individual factors affecting the crime occurred, dangerousness or antisocial personality formation, and targeted at the event to be individualized, to deviant behavior early prevention, prevention of juvenile delinquency and other theoretical occurrence.Chapter IV :The development of a new breed of Chapter IV of theory and juvenile delinquency law: juvenile protection laws. This chapter defines the concept of juvenile protection, and a distinction between juvenile protection and delinquency. The reason for juvenile delinquency from investigation, compared juvenile protection and juvenile delinquency relations, especially in monitoring for improper abused children left behind, the plight of street children, protection of children in custody that the State guardianship issues demonstrate the need. Solutions for the victims of domestic groups, criminal victim and other children’s information privacy protection, freedom of the press is really necessary to exclude. Private guardianship Juvenile Protection Act will bring the country the right to care as care in the field of public security, embodies the new breed of criminal on the theory of social responsibility in the national, social responsibility and social environment of the transformation will help reduce juvenile deviant behavior.ChapterⅤ: Development of a new breed of criminal and juvenile protection law theory: Juvenile Welfare Act. This chapter analyzes the relationship between the juvenile protection and juvenile welfare, juvenile welfare state further argues, comprehensive, non-discriminatory protection concept. Juvenile Welfare Act relates to the rights guaranteed basic education, health care, and health. Juvenile Welfare Act embodies the concept of interdisciplinary resource integration theory breed of criminal. That is a new breed of criminal theory loudest slogan: The best social policy is the best criminal policy.Chapter Ⅵ: The chapter expresses the theoretical foundation of the theory of a new breed of criminal juvenile law. This chapter analyzes the basic law of the development of the juvenile law, juvenile law development experienced by the juvenile criminal individual responsibility to social responsibility, from the local to the whole, from criminal justice to remedy the situation anticipatory juvenile welfare development process. Development of juvenile justice is a new breed of criminal theory and practice tests. Practice has proved that the juvenile welfare work that is much more pre-pay, the fight against crime, the more light tasks, but insufficient pre-pay benefits, the task of combating the more severe juvenile delinquency. In a word, it would break even, but for personal and social development in terms of the juvenile, the meaning is completely different. For the development of a new breed of juvenile criminal law theory pointed out the direction, necessity detached from the adult criminal law juvenile criminal law and inevitability, juvenile law should be based on the healthy development of adolescents as the basic concept. The juvenile law and practice in the development of innovation in the field of adult criminal law also provided for reference. Although the development of the juvenile law expanding content, protectionist ideas and juvenile law countries continued integration of local culture are inseparable from its development of theoretical foundation- new breed of criminal theory.