"Dual Protection" Principle In Criminal Justice Policy Respecting Minors

An enormous amount of efforts on the proactive exploration over issues of the prevention of Juvenile Delinquency and problems of Juvenile Justice Administration have been put into practice, from which a series of successful experiences and theoretical fruits are gained and yielded."Dual Protection"Principle, inter alia, always stick itself to the core status in the whole Policy spectrum. In a modest retrospection on the development of Justice Administration on issues of Minors, the how-to-realize-dual protection-of-not only social interest-but minors'interests-problem always rejects its absence and remains as the heated subject for continuing debating instead."Dual Protection"Principle has grown up gradually and simultaneously matured in the pace of the development of Justice Administration on issues of Juvenile Delinquency and finally made its way into the core status in the Policy spectrum and firmly rooted itself as the fundamental guidance principle in the operation of Justice System respecting Minors. This paper, grounded on a selected incorporation of scholastic enterprise, with an appraisal on conditions and trends of Juvenile Delinquency in recent years and based on a comparison between operations of different Juvenile Justice Systems home and abroad, argues and exposits the reason and significance of regarding"Dual Protection"Principle as the fundamental principle governing Criminal Justice Policy decision-making respecting Minors in our country. The retrospection and reexamination on the implementation of"Dual Protection"Principle and suggestions on perfection of Legislations and Judicial Administration on Juvenile Justice System are also given in the latter part.The main text consists of four parts:In Section One, the main efforts are laid on the articulation of"Dual Protection"Principle as fundamental principle among the spectrum of Criminal Justice Policy respecting Minors. General introduction and principal doctrines to and of Juvenile Justice Policy are reviewed with a hindsight view, with this analysis a conclusion that"Dual Protection"Principle now stays in core status within the whole policy spectrum is no less than truth is reached. Section Two is partially devoted to analysis on the current conditions and characteristics of Juvenile Delinquency. Argumentations bolstering on"Dual Protection"Principle as a scientific principle in Criminal Justice Policy of Minors are rendered in this section as well. Main points made are as followings: First of all, the adherence to"Dual Protection"Principle as our Criminal Justice Policy is prescriptively determined by characteristics and natures of Juvenile Delinquency. The youth perpetrator stamped themselves with idiosyncratic differentiations which differs them from the adult offenders; their behaviors are characterized with capriciousness and periodic nature. With these observations we hold that the social harm resulted from Juvenile Delinquency is comparatively limited. The second point is, our supposed adherence to"Dual Protection"Principle as our Criminal Justice Policy is also justified by taking current conditions of Juvenile Delinquency into account. Judging from our observations, there is a tendency indicating a year-by-year increase of Juvenile Delinquency but the ratio of number of minors-committed-offences to that of the totality of crime perpetration is constantly invariable. The general tendency of Juvenile Delinquency is concurrent with the overall changing of Order and Safety of society. There is a common tendency from the both sides for approaching to a prospective convergence. The third point in the view is the fact that the typical composition of family requiring only one single kid is another requisite and constraint demanding us upholding"Dual Protection"Principle as our main Criminal Justice Policy. The uniformity between priorities on protection of benefits and interests of both society and minors is the requirements prescribed in the process of constructing"Harmonious Society".Section Three introduces the practices and operation of"Dual Protection"Principle in our country to the readers. An examination over implementation and enforcement of"Dual Protection"Principle in our legislations and judiciary activities and some critiques on legislations, implementation of penalty, criminal proceedings and judicial organ construction are also given."Dual Protection Principle", as the guidance tenet, is proposed in Section Four, for the perfection of legislations and adjudications on Juvenile Delinquency in this country. First, strengthening and improving of juvenile legislations is needed. Specific laws, statutes, and ordinances, bolstering and regulating adjudications over Juvenile Delinquency are essentially reliable for the well-performance of the system. The Establishment of Organizational Laws (Laws of Constitutions), Substantial Laws, Procedural Laws, and Correction Laws, especially in terms of issues like criminal investigatory process, adjudication, and disposition on Juvenile Delinquency, are fundamental for the Juvenile Justice Administration. Second, the construction of a distinct and independent Juvenile Justice Administration Agency shall be put into agenda. We need to construct a specialized system stuffed with separate specialists and personnel grounded on the principle of"separation of minors and adults". For the time being, the breakthrough point aiming at constructing independent Juvenile Justice Administration agency is further and continuously advancing and perfecting the working of Juvenile Court. The last but not the least job to do is to fulfilling the non-penalty disposition working system for the minors. We think non-penalty disposition system is more appropriate for Juvenile Delinquent (minor offender); a priority in this regard is suggested. More specifically, a successful experience on non-penalty disposition shall be borrowed from abroad as reference for prospective further advancement of current working system adopted in China, such as Volunteer Help System, Semi-Labor Education System and Detained Education System, aiming at the institutionalization and systemization of juvenile non-penalty disposition system.