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Juvenile Justice-The Best Sample To Diversification Of Criminal Justice

Posted on:2010-07-17Degree:DoctorType:Dissertation
Country:ChinaCandidate:D Y TangFull Text:PDF
GTID:1486302726987139Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The judicial developments of pluralism are the important trends which could not to be ignored in modern times. With the social division of labor is increasingly sophisticated, scientific and technological innovation, and various social and human life has changed. All administrations of justice should follow the social progress and change their ways which deal with the disputes involve civil and criminal. The diversification of criminal justice is inevitable trend, since with constant developing of the civilization, people pay more attention to rational thinking and scientific development which, correspondingly, leads to the alteration that penalty no longer act as a main respond to crimes. We should regard crime as a social problem to an overall consideration and establish a careful and entire criminal policy consists of various penalties and depenalization measures to treat criminal. Among practices of the diversification of criminal justice, juvenile justice act as the best one which has the most integrated systems. There are huge differences between juvenile justice and general justice in legislative objects, law enforcement philosophy, range of accepting cases, method of trail, judicial treatment and criminal record eliminations; we can say that juvenile justice. We can say that juvenile justice unholds a concrete view of the diversification of criminal justice and it is the best model for the whole criminal justice system. Meanwhile, the "beachhead" it has occupied is becoming the big break of the diversification of criminal justice.This dissertation includes five sections.Section I involve the trend of diversification of criminal justice, including the motivation and purpose, methodology and scope of research, structure of dissertation, and the definition of special terms for criminal justice pluralism, treatment, individual treatment, probation so that dissertation carried out follow-up smoothly.Section II discusses the juvenile justice in the vision of diversification of criminal justice. It should be reconsidered that penalty always act as a main respond to crimes in the classic theory of criminal law, a unitary theory of retribution, is not rational but on the bases of the social emotion of law and psychological dependence of ideology. In fact, the developments of juvenile justice and criminology theories have close relations with efficiency as the core value which establish some specific systems and variety of procedures and treatment in the view of criminal justice diversified.Section III discusses the comparison among different countries with respect to the practices and progressions of juvenile justice. Except succeeding the welfare mode, the current juvenile justice system of main countries almost mixed with social defense ideology. Although American's punishment policy was very eye-catching recently, punishment mode is not the best way to deal with juvenile crimes. Only by using individual treatments can effectively reduce the juvenile recidivism, and helps juveniles coming back to society eventually. However, the treatments, which weak in punishment, highlight the welfare character whereas decrease the judicial character of the juvenile justice. Therefore, the juvenile justice shall be well implemented when fulfills certain subjective and objective conditionSection IV analyzes the situation of practicing juvenile justice in Taiwan. Efficient implementation of the juvenile justice must be complete by virtue of the integral system, professional staff, as well as individual treatment. For the past ten years, the implementation of new juvenile justice in Taiwan has a great accomplishment that reducing almost half amount of juvenile crimes and the rate of recidivism was significantly reduced. It introduces and analyses the organization and personnel of the juvenile court, and discusses the judicial treatment of juvenile justice.Section V talk about challenge to juvenile justice and change in lieu of conclusions. To sum up, juvenile justice facing some problems such as the negative impression of juvenile crime bring perception to the society, the objective conditions to implementation of juvenile justice, juvenile justice how to integrate social resources and promote family responsibilities and submit constructive ideas as the end.
Keywords/Search Tags:criminal policy, juvenile justice, the diversification of criminal justice, individual treatment, depenalization
PDF Full Text Request
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