| In the modern juvenile justice system. Protective punishment is one of the most important measures which are response to delinquent juvenile. The implementation of it can eliminate the danger of the delinquent juvenile to the greatest degree. The protective punishment is a treatment system which is based on background of the judicial function of the continuity and guaranteed by the compelling force. But Within the existing legal framework in China, Although there are some protective measures similar to the system of foreign control measures, most of them and the social standard is based on retribution doctrine which Stress the effect of punishment and social defense but ignore the proper protection of educational philosophy, leading to the same legal consequences between the delinquent juvenile and the adult cirmes.Lack of protective punishment of the juvenile justice seems to have become a bottleneck of the juvenile justice system. Based on the theoretical background, this article prepared to choose the right system by research,comparison,identification of foreign protective punishment. At the same time referencing to relevant literature, combined with the writings of experts, to figure out the basic problem of protective action system constructed in line with China's national conditions probated system.In addition to the introduction and conclusion, the total is divided into four parts, totaling approximately thirty-four thousand words or so, the specific contents are summarized as follows:The first part focuses on the protection of punishment, the concept, theoretical basis and the legal nature of the three basic questions. Different countries have different concept of the protective punishment. This auricle defines the protective punishment after listing summary concepts of the protective punishment by the foreign scholars, that is, it is constructed in the purpose of realizing special prevention by avoiding investigated for criminal liability to penalties established. The theoretical basis of the article was summed into three: the reconcile of protectionist theory and personhood theory promotion of the educational penalty the combination of parents partite and welfare of the child. As for the legal nature of the protective punishment, the article defines it by compare it to the penal system and the security measures, protective punishment system originated in security measures but is not limited to the security factors, it has its own protective factors and welfare content, it will play the role of avowing penalties In the juvenile justice system.The second part summarized Japan's protective punishment mainly from its aspects of objects, types, procedural safeguards, institutional process and so on, and then the article summary its basic characteristics and reasonable measures which will benefit us.The third part mainly compare the current similar protective punishments to the similar measures in Japan and point out that there is no truly protective punishment system in our country, which faces the problems that the protection concept is unimplemented insufficient legal basis and supporting facilities are not perfect professionals are not sufficient.The fourth part mainly discusses concrete construction of protective punishment system in our country. First of all, it pointed out that its priority concept of the construction should be given to the Protection of Juveniles and its precondition is to formulate the special juvenile law and determine its legal status. Secondly, in accordance with china's specific national conditions, its application of the object should be serious bad behaviors of juvenile and minor juvenile offenders. In the aspect of designing measures, adding some new measures which were divided into two categories on the existing basis, that is, Community sentences and Custodial sentences.Finally the article proposes measures of perfecting the judicial system from following aspects: application of the process aid organizations infrastructure construction and personnel training.
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