Study On The Value Orientation Of Juvenile Delinquency Educational Correction And Its Realization

The education and correction of juvenile delinquency is not only a special kind of educational practice,but also a pursuit of value.The disorientation in the practice of educational correction facilitate us to re think a deep scientific rational question toward this issue,namely,what is the most fundamental value orientation and how to achieve it? The ontological and deep question is undoubtedly becoming a task during theoretical research on juvenile delinquency education in the complex multidisciplinary scope.Value orientation as a foundation and core theory in the system of juvenile delinquent education that undoubtedly plays an significant role and has the profound influence to the goal establishment,content choosing and result assessment.Therefore,the discussion of value orientation aims to clarify some vague ideas and the unclear orientation of juvenile delinquency which serves as a research gap in this subject.Only by clearly defining the value orientation of education and correction of juvenile delinquency can we establish the fundamental basis and value of its own legal existence.Based on the basic framework of "pedagogy" and the basic theory of comprehensive pedagogy and law,this study follows the main line of "Literature Review > basic concept > historical evolution-> perplexity and entanglement-> Value reconstruction-> Value realization" along with the value orientation of juvenile delinquency correction.The dissertation comprehensively employed lots of methods such as literature research method,historical research method,comparative research method,etc.The main contents and views of the study are as follows:1.Juvenile delinquency is a special object of education,and educational correction is a special form of education.The correction has different meanings under different scenario,and the correction is different from the remolding or correction.Educational correction is not only exists as a punishment execution practice,but also as an rebuilt activity.It is a kind of reparative and compensatory re-education activity,which focus on people's conversion,promote freely development,successful return to the society and build healthy physical or mental status.2.The historical evolution of value orientation is a process which is developing with the involvement of education theory.In western countries,the historical evolution of value orientation underwent three stages that is,the prenatal stage,the beginning stage and the mature stage,and its focus changes through "Punishment Instead of Education”," Equal emphasis on education and punishment” and finally to the phrase of "Education Instead of Punishment ”.Meanwhile,The value orientation passes through retributive punishment,social utilitarian and multiple orientation interweaving as well.The value orientation of juvenile delinquent correction in China has also experienced the process from " punishment and Class rule”,"reforming criminals and social control” to " reform and social security comprehensive management”.There are significant differences in the value orientation of the juvenile delinquency correction between China and the West.Educational correction in China pays the emphasis on the orientation of reforming criminals,and western educational correction focuses on welfare orientation;China attaches great importance to the collective reform,the West emphasizes the individualized correction;the Chinese education correction emphasizes “Check erroneous ideas at the outset” and the western educational correction concerns the guidance of the free growth.3.These are difficulties and perplexity of the value orientation of juvenile delinquency educational correction,including: the utilitarian value orientation oppresses human education and freedom,The absence of guidance in the name of protection overshadows the free and orderly guidance of human beings.Rehabilitation has become a paradox under the orientation of retribution punishment in institutional correction.Among them,Educational correction coercive force contradictions with human subjects,punishment contradictions with priority protection.4."Commanding Punishment With Education And Returning the Freedom of Human" is the proper value orientation of juvenile delinquency educational correction.Among them,"human" mainly refers to those who must receive reformatory education and need to be saved,those who are already in prison or will be restrained liberty,those who are the products of education process discipline and freedom imbalance.and their behavior is the dissimilation of freedom." Returning the Freedom” mainly refers to recovery of body freedom,reintegration and integration to the society,and the return to the free state of the mind.Returning the Freedom means to break the label effect and the frame for self.It also means a recovery of autonomy,and the assumption of responsibility and the reconstruction of free order,Moreover,“Returning the Freedom” represents the ability to act autonomously.The reversioner's free education correction is mainly reflected in the following aspects: from the starting point,it is education based on human freedom;from the results,it is education for people's free;from the process,it is education moving toward the freedom.The establishment of value orientation "commanding punishment with education and Returning the Freedom of Human "is based on the logical starting point of educational correction--" human being”.And it has a solid theoretical foundation,moreover,it is in accord with the Chinese traditional ideology and culture like "morality guiding and punishment supplementing"," compassion for children "," Penalty modesty "etc.It also conforms to the objective reality of the prevention and correction of juvenile delinquency,furthermore,it is in line with the spirit and direction of justice innovation of juvenile criminal.The pursuit of freedom in the education and correction of juvenile delinquency should clear the scope and its degree.The freedom should base on the principles of public consciousness and avoid to harm the others,even the whole society,meanwhile,take legal and moral as the standard,social justice and justice as the principle,the law as the bottom line,the order as the basic guarantee and requirements.5.The key point of realizing the value orientation of juvenile delinquency educational correction lies in notion-remolding,system optimization,construction of the mechanism,and practice strategy.The orientation of notion-remolding is mainly as follows: the concept should shift from retaliatory to restorative justice,from "The imbalances of tolerance and punishment” to " Lenient Punishment And Strict Control”,from physical training to life care,from neat and uniform to individualized,from closed isolation towards social correction.The realization of educational correction value orientation is closely related to the guarantee of system and mechanism.And the optimization of the system depends on the reform of measures,On one hand,regulate the public power of the state,protect the juvenile's personal rights from harm and protect the "negative freedom".On the other hand,regulate the irrational "freedom" of juvenile,guide them to be responsible for their own behavior according to law,and to guarantee "positive freedom".The mechanism construction of educational correction should include construct endogenous motivation mechanism,exogenous motivation mechanism and internal and external linkage mechanism.Among them,endogenous mechanism includes self-regulation mechanism,rights enlightenment and strengthening mechanism;external dynamic mechanism includes situational interaction mechanism,monitoring mechanism,behavior reward and punishment mechanism;internal and external linkage mechanism includes system virtuous operation mechanism,coordination mechanism of internal and external order and "regulation + care" cultivation mechanism.There are five pillars which construct the main strategies of value orientation of educational correction toward juvenile delinquency,that are,I.Enriching the content of education correction.Paying more attention to life experience and psychology education,meanwhile,rebuilding the freedom of individual spirit.II.Supplementing and revising the methods in relation to the education and correction,highlighting individual introspection and healing relationships,and realizing the positive freedom.III.Adjusting the mode of education and correction,carrying out the stratified classification and paying attention to the appropriateness of the individual,and meeting the individual needs;IV.Innovating the management of education and correction,facilitating self management and moderate openness,encouraging society-returning.?.Improving the environment of education and correction,strengthening the protection and help,breaking the routine,and maintaining the status of free growth.