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Conception On Adopting The Protecting Punishment For Chinese Illegal Juvenile

Posted on:2008-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2166360215453753Subject:Law
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Juvenile offenders, and drug trafficking has become. Parallel one of the three major environmental hazard, as we can not ignore social problems. Juvenile delinquency is a source of crime, crime tendency of young people to break the law and the effective prevention and correction. Crime has become the source of the water is so fundamental. China's juvenile delinquency revention and rectification work is slightly behind in the international environment. Whether the theory or the building systems has room for improvement. For nearly 20 years, China's remarkable achievements has been made in building the rule of law, but crime prevention remains important because of the influence of traditional notions and "defense" light "education" not focusing on the perpetrators of particularly young people who have run afoul of the law to protect the (social) return, the resumption of correction, with the result that recidivism. recidivism phenomena exist in large numbers. Ideas and learn from the advanced system, in light of China's actual situation, to create scientific, humanity's illegal juvenile's correctional system and the non-criminal means The size of China's economy in rapid takeoff today to build a harmonious society. My basic philosophy is the prevention of juvenile delinquency "education first, punishment second," "education, probation, saving" This system with the idea of protecting young people have a natural consistency. Action to protect democracy and the intrinsic nature of the venial and juvenile delinquency is a natural counterpart, and the development of juvenile justice in line with international trends, therefore, establishment of a system with Chinese characteristics, China's protection and the prevention of juvenile delinquency correction will have historic significance.The main purpose of the introductory part of this paper is to introduce exposition. briefly highlighted the current trend of juvenile delinquency and build meaningful action to protect our youth. The first thesis chapter discusses the concept of the modern action to protect young people, a system of protection of the objects. young people in the soundness and the need to build a system to protect young people. The first section, first expounded on the protection of young people and the fundamental idea of the origin of the concept of punishment. Many countries in the world are advocating a system of protection of young people, many "criminal out of" principle, "Resumption of correction" for the purpose of the open society as a primary means corrective measures. Meanwhile, the use of targeted sanctions on the protection of young people identified, With reference to the application of juvenile crime and the actual situation in China. China's youth protection system will be identified as the target of a 10 to 25-year-old illegal juvenile. Section two discusses the state of young people has the power to impose sanctions to protect the reasonable, mainly from two perspectives civil and common law countries parental authority (Patens Patriae) theory Juvenile Protection system support. Section three, on "education rescue," more important than on "punitive sanctions" modern youth correction bank concept discusses the establishment of China's punishment system is essential to protect young people.Chapter II is divided into two sections, focusing on the illegal juvenile of our country do not belong to rectify the situation and the existing shortcomings, for the next chapter discussed the establishment of a system to protect our illegal juvenile pave the way for the future. The existing multi-disciplinary measures for the protection of illegal juvenile visit the beginning of the founding of New China's reforms and opening up. With the social environment changes, and its guiding ideology is increasingly outmoded, Bank of youth correction function to protect dwindling. China's current system of mainly young people statutory protection, justice, systematic improvement, restrictive means less than six. Chapter III and IV of the paper is the focus of this chapter. Chapter III, China has kept the sanctions perfect and improve the protection of the illegal juvenile. conforms to China's national conditions and new forms of action to protect illegal juvenile visit the author describes the two measures for the improvement and Construction system to protect illegal juvenile's scientific ideas. Our actions to protect the youngsters, there are all kinds of defects and shortcomings of outdated, However, we could not continue to ignore the enormous significance. Minors were taken to improve our system, Juvenile Correctional enact a special law and the establishment of an independent center for minors; increase the institutionalization of public school construction and capital investment to make it more compatible with the demands of the era, more conducive to the education of the illegal juvenile, protection; The illegal juvenile re-education through labor, and the creation of specialized juvenile reeducation-through-labor system. Take these steps, not only to establish the new system before young people have played an essential action to protect the excessive protection. but also to establish a system with Chinese characteristics, laying the foundation for the protection of young people. Meanwhile, in view of the disciplinary measures to protect young people from outdated concepts, methods aging characteristics, it is necessary to draw reference to the advanced concepts, with the characteristics of the times to establish a new form of punishment measures for the protection of young wrong conduct. The author recommended that the new experiences abroad, in light of China's actual situation, actively absorb some of the mature-trip overseas illegal juvenile's protection system. The wrong conduct added the necessary action to protect young people, such as personal recognizance and discipline, labor compensation, receiving psychological counseling and participate in social services, and leisure and into the control center, specific place and specific time limit access to the same time instructed the guardians of discipline and guidance, protection, observation, etc., with regard to break succession development, and thereby establish the conditions of our country, convergence of the old and new disciplinary measures to protect illegal juvenile's (non-criminal disposition measures) scientific system.Chapter IV, on the establishment of China's youth justice system protection exposition. Any measures and policies to improve the system is necessary to protect the facilities and the establishment of systematic youth protection system, legislative action on the application and the improvement of judicial decisions, and specialized operating system is the key to the protection of the rights of young people. The ideal nature of the juvenile justice system should be protective, preventive, however, the existing juvenile justice is a direct function of punishment. Section one of this chapter focuses on the protection of the illegal juvenile in China to improve the legal system. Focusing on the present young people no disposal of the non-procedural law firms, law, organization and the real deal. China must accelerate the pace of legislation on young people to support the legal system to ensure the orderly operation of the protection of young people. Section two, the judicial protection applies to protection of action. In my view, The right to protect our illegal juvenile should decide in the light of different circumstances owner who specialized courts and the judiciary's Procuratorate. For China's youth protection system can be flexibly applied, can effectively protect the legitimate rights of young people. it is necessary to avoid the application of the protection of the right to decide the administrative punishment, and should empower a special judiciary supplemented by a measure of protection. Section three addresses the establishment of a unified management and the implementation of actions to protect the illegal juvenile. I think it is necessary to establish a more scientific and China. Humanity's wrong conductive specialized juvenile correction facilities and the establishment of administrative structures, for the construction of a system to protect our young people make the necessary preparations for the material. Among the conclusion of the previous article discussed the summary also shows that juvenile protection and prevention of crime prevention is a family, school prevention, prevention, the government's efforts to prevent the opening of the four-in-one system Juvenile prevention is the fundamental way to create a good environment for them to grow up.
Keywords/Search Tags:Conception
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