Study Of Social Correction Of Juvenile Deviant Actors

Juvenile delinquency has become a worldwide social problem, and all countries are committed to solving this problem. Our country is in the period of social transition, there are many adverse factors to induce juvenile delinquency, and the situation of juvenile delinquency is still grim. While the problem of juvenile delinquency is a complex “social syndrome”, in order to effectively reduce and prevent the occurrence of juvenile delinquency behavior, a system project of the whole society is needed and the optimization and coordination of various elements are also needed. To treat the problem of juvenile crime, we can not blindly emphasize the “harsh punishment”. We should see the difference between adult crime and juvenile delinquency. As a special group, the juveniles have their own regularity and characteristics of growth and development. In most cases, they commit crimes based on the perceptual impulse rather than the choice of the rational free will. In view of the particularity of the juveniles, in the treatment of the problem of juvenile delinquency, we should weaken the function of the punishment; strengthen the education and correction of juvenile offenders. And expand the angle of looking forward and backward, bring bad behaviors of the juveniles and the work of the assistance and education after releasing into the social correction system of juvenile deviation actors. Follow the laws of social management, use the work methods of sociology, pedagogy and correction, extensive use of social resources and social forces to guide and correct juvenile deviation actors in the aspect of psychology and behavior, etc. make them return to the society as soon as possible.In this thesis, the writer uses the research methods of speculation, demonstration, comparison, statistics, to conduct a multi-view and three-dimensional research on the problem of the social correction of juvenile deviation actors, seek the breakthrough and innovation of theory and practice from the combination of law, sociology, pedagogy, management and other disciplines, build a diverse correction system both with the cooperation of the institution correction the and community correction as well as the intervention of the correction officer and the intervention of the social workers and with the joint participation of various social forces.This thesis is divided into six parts; about 170000 words; the main contents are as follows:Part 1: Introduction. In this part, the writer mainly discusses that the research purpose of this thesis is to uphold the idea of protection and education correction of the juveniles, to build a diverse social correction system of juvenile deviation actors. From the perspective of systematology, criminology, sociology and correction, to explore the roots of juvenile delinquency, advocate the extensive use of social resources to correct juvenile deviant actors, and help them return to the society. By using empirical research, statistical and comparative methods, to summarize and analyze the social corrective measures of the juvenile deviant actors in China; to point out the inadequacy and put forward the corresponding construction measures. This study is of great theoretical and practical significance, which enables us to more deeply understand the object scope of social correction, and in practice effectively solve the education correction problem of juvenile deviant actors under the age of 14.Part 2: An overview of the basic theory of social correction of juvenile deviant actors. In practice, there are similar concepts such as children, teenagers, juveniles, adolescents as well as bad behavior, deviant behavior, deviant behavior, illegal behavior and criminal behavior. The implication of which has both difference and repetition, the author has carried on the discrimination to the concept. Juvenile deviant actor is the unique concept of the essay and covers a wide range, which specifically refers to the juveniles who are over 12 years old but less than 18 years old and commit the deviant behavior, while the deviant behavior includes bad behavior, general illegal behavior and criminal behavior. Where there is the deviant behavior, there is the corresponding corrective measure, which includes imprisonment correction and non imprisonment correction, which can be divided into community correction and other forms of correction. The other highlight and innovation of this thesis lies in the proposition of the social correction of juvenile deviation actors. The social correction refers to carrying out a series of activities such as education, training, guidance and assistance on juveniles of deviant behavior through the subjects such as judicial authorities, government departments, non-governmental organizations, relative organizations, enterprises and social workers, volunteers to urge them to change ideas, correct bad habits, learn knowledge, train skills and gradually eliminate the antisocial personality and eventually become a qualified social person.Part 3: The overseas investigation of the social correction of juvenile deviation actors. In this part, the writer discusses in detail the historical changes, the basic system and the concrete measures of social correction for juvenile deviation actors of the common law countries including the United States, the United Kingdom and Hongkong area of China, and of civil law countries including Germany and Japan. Through the comparison and analysis, it can be seen that the overseas social correction measures for juvenile deviation actors are more abundant, and for different people will be applied to different corrective measures. For example, juvenile probation camp, home detention and electronic monitoring of USA, promoting school of Germany as well as carrying out “inclusive” education on the “problematic” juveniles of Hong Kong area of China and Germany's juvenile probation, delay penalty and punishment of probation system applicable for the juveniles, etc. These measures reflect their advanced correction idea, humanized corrective measures and the correction system of levels. Although there are some differences in legal culture and legal system between our country and the overseas, the concept of special protection for juveniles is the same, and the basic principle of “maximizing the interests of juveniles” complied with when establishing he correction system and measures is the same. According to the actual situation of our country, we can draw lessons from the beneficial experience of the overseas to enrich the social correction of juvenile deviation actors of our country.Part 4: The status quo and empirical analysis of social correction for juvenile deviation actors in our country. In this part through the investigation and research of Juvenile Correctional Facility of H Province, the original Minor Labor Correctional Institution of H Province, Women's Prison of Z City, H Province, Reformatory School of Z City, H Province, on the basis of empirical data analysis, the writer discusses in detail the specific measures of social correction of juvenile deviation actors in China, and discusses its historical development, the actual operation, analyzes its realistic characteristic and the rule. Reformatory education is a pioneering work in the Chinese educational history, plays an important role in the correction of the juveniles who commit minor illegal crimes, but in recent years, its development is in trouble; With the abolition of the labor education, the development of detaining for reeducation system has been seriously shrinking, and even to the point of actual abolition; Because of its special closed characteristics of the social correction of juvenile offenders in prison, the actual carrying out of social correction in prison is not optimistic; while community correction for juveniles and community correction for adults are actually together, there are no special agencies and personnel to carry out correction work not according to the characteristics of the juveniles, therefore, not to mention the individualized correction for juvenile offenders.Part 5: The existing problems and solutions of social correction for juvenile deviation actors in our country. Our country's existing social corrective measures of juvenile deviation actors play a considerable role in every field, but with the development of society and under the influence of social thought, these types of correction has demonstrated the powerless in the social correction for juvenile deviation actors. There are the subjective and objective reasons in reformatory education development dilemma, and the key is to establish a multi-dimensional mechanism of social support, to eliminate social prejudice of reformatory school from the subjective; In the objective aspect, to change teaching mode, establish the intervention mechanism of social work, ensure to achieve individualized teaching for reformatory school students; As for detaining for reeducation, we should solve a series of theoretical and practical problems, such as the vague conditions of application, execution flaws, etc; In the aspect of social correction of juvenile offenders in prison, we should achieve the extensive use of social resources, and not just considering the “safety” problem, expand the application ratio of probation and parole, promote the opening of the execution of imprisonment penalty and establish the extensive social support system;For the community correction of the juveniles, firstly to change the old concept of the past, establish the idea of “benefit maximization for the juveniles”, attach importance to the mechanism and team construction of community correction for the juveniles, and set up the community correction programs suitable for the juveniles.Part 6: The system problem and construction of the social correction of juvenile deviation actors in our country. In this part from the perspective of systematic theory, the writer points out the system problem existed in the social correction of juvenile deviation actors in our country. There are mainly problems that theoretical foundation is weak, auxiliary system is not perfect, the correction projects suitable for juveniles are not enough, the mechanism of coordination and communication between the correctional institutions is not smooth. In view of these problems, the concrete construction opinions are as follows:The first is the theoretical construction of social correction system of juvenile deviation actors. Though our country has a set of guidelines and policies in the correction of juvenile deviation actors, it has not formed its own theoretical basis. Should be based on parental right theory strengthen the protection of the juveniles, introduce the restorative judicial philosophy, strengthen the social correction of juvenile deviation actors and protect the maximum benefit of the juveniles. As for the organization, we should establish specialized social correction institutions and professional education correction team of juvenile deviation actors including the construction of the team of correctional officers and the construction of social workers and volunteers. In the process of education and correction of juvenile deviation actors the appropriate intervention mechanism is very necessary, so that we can avoid the drawback of which only the police of the public security organs intervene and cannot carry out an effective education and correction for the juveniles after the occurrence of deviation behaviors. We should strengthen the intervention of social workers should be strengthened so as to carry out the targeted and professional counseling and correction for the juveniles such as to establish the working mechanism of “social worker entering school”, the working mechanism of “care and protection of illegal crime personnel” as well as the mechanism of providing the corresponding services to rehabilitation personnel by social workers. Through this kind of the correction of intervention, we can carry out the targeted psychological counseling and behavior modification for rectify the deviation of minors can be targeted psychological counseling and behavior modification for the juveniles who commit deviant behaviors, thus we can more effectively save and educate juvenile offenders. The reason of the juveniles' committing bad behavior, illegal behavior and even criminal behavior is various; there are both individual reasons, also the reason of family, school and even society. To solve the problem of juvenile delinquency from the root, we should build the diverse crime prevention system with social participation. And establish the project system suitable for juvenile deviation actors, including the transformation of the existing social correction projects in our country, as well as exploring new projects suitable for juvenile deviation actors.