| It is always a clear requirement of the laws on the protection of juveniles in our country to emphasize the psychological characteristics of juveniles when carrying out the education,change and rescue of juveniles.The psychological characteristics of juveniles should be fully considered when the judicial organs deal with juvenile delinquency,and the analysis of their psychological characteristics should be supplemented by scientific psychological evaluation.At present,in each stage of juvenile justice in China,there are practical explorations of the psychological evaluation of juveniles.The most explorations are carried out by the procuratorial department of juveniles,and they also have the greatest demand for psychological evaluation.The juvenile procuratorate plays an important role in juvenile justice,and the Supreme People's Procuratorate has also clearly regarded the psychological evaluation as a special procuratorial system,which embodies the attention and expectation of the psychological evaluation of the juvenile offenders.Back in 1993,the Shanghai Municipal People's Procuratorate began to cooperate with the Shanghai Adolescent Psychological and Behavioral Clinic.In the examination and prosecution stage,the psychological evaluation was used to analyze the motivations and characters of the juvenile offfenders,so as to provide the basis for the education,change and rescue of juveniles.It opened the prelude to the psychological evaluation of the juveniles offenders in our country.Until March 2017,the psychological evaluation was separated from the social investigation and became an independent and special procuratorial system.Although after more than 20 years of active exploration,there still remain some prominent problems in the psychological evaluation of the juvenile offenders such as the imbalance of regional development,utilitarianism of evaluation purposes,lack of effective evaluation tools and unprofessional evaluation personnel.The existence of these problems has a lot to do with the weak theoretical research,the deep-rooted concept of recourse,the vague legal provisions and the error of the psychological evaluation itself.The People's Procuratorate,as the state prosecution organ,has inherent desire for recourse,which makes it necessary to achieve precise punishments for juvenile offenders based on the results of psychological evaluation with a strong retribution color.This leads to psychological evaluation aimed at predicting recidivism,and taking the negative personality traits such as aggression,ruthlessness and cruelty as the main test content.It is easy to label the juvenile offenders with negative personality traits,which is not conducive to their education,change and rescue work.Based on the concept of parens patriae,as well as the requirements of international conventions and relevant laws and regulations of our country,the psychological evaluation of juvenile offenders must consider their unique physical and mental characteristics,and should adhere to protectionism rather than retribution and realize the purpose of special protection for juvenile offenders.Through psychological assessment,we can find out the reasons for their involvement in crime and find out their psychological problems,providing support for the formulation of education correction plan.The psychological evaluation of the juvenile offenders should take the psychological process,the psychological features and the psychological state into consideration;the positive personality traits and the negative personality traits coexist and the positive personality traits should be given priority to;and the environment should be fully considered.Of course,although all are suspected of committing crimes,the personality characteristics of the juveniles with different types of crimes are different.Apart from some common personality traits,there are some personality characteristics closely related to the specific type of crime.As a result,a modular psychological evaluation index system should be constructed: the basic module contains the basic personality traits reflecting the common psychological characteristics of different types of juvenile offenders;the supplementary module considers the characteristics of different types of crimes and the personality traits with high correlation with the type of crime.The psychological evaluation tools used in juvenile criminal prosecution in China have generally experienced three generations: the first generation is Minnesota Multiphasic Personality Inventory;the second generation is Cartel's 16 Personality Factors Test;the third generation is the psychological evaluation and risk control system of the juvenile offenders.These tools need to be improved and modified because they are not suitable for age 14-18,interpretation criteria are out-dated and there are too many negative personality traits.Based on the relevant research on the positive personality traits and criminology,five kinds of positive personality,namely self-control ability,justice,tolerance,friendliness and gratitude are selected as evaluation indicators,and tolerance,friendliness and gratitude are merged into prosocial nature.At the same time,considering that social support,values and coping styles have a great impact on juvenile delinquency,they are also listed as evaluation indicators.Among them,values include the view of money,the view of power,the collective concept and the view of right and wrong.The subjects group used in the development of the scale included 248 juvenile offenders and 293 ordinary middle school students.The subjects used in the validity test are 260 juvenile offenders.The statistical methods used include factor analysis,correlation analysis,hypothesis test and so on,and the statistical software SPSS23.0 is used to analyze.Finally,a psychological scale of 51 questions was formed for juvenile offenders,including two lie tests.It is verified that the reliability and validity of the scale conform to the standard of measurement,and it can be used,to a certain extent,to predict the first and second offenses of juvenile offenders.Therefore,it can be used as a tool for psychological evaluation of the juvenile offenders.Of course,the scale also needs to be tested in practice and constantly improved.By using the psychological evaluation scale to implement psychological evaluation of juvenile offenders,the author found that the male juvenile offenders are poor in their view of right and wrong,while the female juvenile offenders are poor in their general belief in the just world and their social support.Those who maintain strained relationships with their families,who are abused by their fathers and who are ignored by their mothers are prone to crimes.In addition,those who are often bullied have poor social support and those who often bully others have poor values.Therefore,these characteristics should be fully taken into account when making education correction plans based on the results of psychological evaluation to achieve the pertinence and individualization of education correction plans.There are errors in psychological evaluation,and the errors are even greater when it is applied to juvenile offenders.At present,the result of psychological evaluation does not have the conditions to be used as evidence.Compared with the western developed countries,the psychological evaluation of juvenile offenders in our country starts later,but the speed of development is relatively fast.With the establishment of the legal system of psychological evaluation,more and more professional psychologists will be involved in the psychological evaluation of the juvenile offenders in the future,cross-specialized research will also increase,the study of the psychological evaluation may be extended to the adult,and the future industry association will strengthen the organization and management of psychological evaluation work,so the effectiveness of the psychological evaluation results should be greatly improved.Of course,these good results cannot be separated from the perfection of the relevant system,the adequate funding,and the in-depth support for the concept of special protection for the juvenile offenders. |
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