Reference And Perfection Of The Juvenile Probation System

It can be easily find that the juvenile probation system has the extremely special status and played very important role in the practice of juvenile's justice in the development of the juvenile justice of the USA, Japan and Taiwan region. It shows the protectionism and the interests-focus throughout of the juvenile process, from the reception, trial process to the execution procedure. Juvenile probation pre-trial investigation, probation officers, institutional settings, probation measures, and so on, have showed their great advantages, making the trial no longer a juvenile conviction procedure, but a probation and education process.Recently, the humanitarian, non-custodial measures to the minor offenders have been greatly concerned by the public. China has long advocated education sentence, and has paid attention to the alternative measures to the juvenile penalties. For the juvenile's interests to maximize effectiveness, legislation, institutional setting and various probation measures which are appropriate to the juvenile are necessary. Construction on the juvenile justice in China needs support from the legislation and the theory, therefore making the research of great importance. From the comparative study's point of view, the probation systems in USA, Japan and Taiwan have provided good templates and examples for the juvenile's judicial and correction system in China. This paper is divided into four parts. The author researches the juvenile probation system in detail about Taiwan region and abroad, discusses and analysis deeply the reference and perfection in China throughout this paper.The first chapter focuses on the concept and its evolution of the juvenile probation system. And then, review on the historical development of the juvenile probation systems in USA, Japan and Taiwan region reveals that independent juvenile laws and the juvenile courts are the elements for perfection of the juvenile probation system in these countries and regions.The second chapter focuses on the operation mechanism in detailed. The juvenile probations in Japan and Taiwan about the probation officers, agencies and juvenile courts in reception, investigation, trial and the execution are introduced. Besides the pre-trial investigation, experimental observation in the trial and the various execution measures are referential material for transplantation in China.The third chapter focuses on the reference and perfection of the juvenile probation institution. the author calls for establishing the juvenile courts, with probation officer and the probation volunteers, which enable the probation system to be protected by the agencies. In addition, the juvenile probation center should be built with responsibility in identification of the juvenile's mental and physical condition before and after the trial.The forth chapter focuses on the reference and perfection of the juvenile probation procedure and measures. Firstly, the author discusses the re-trial investigation system, and the principle, main, targets, methods of the investigation are needed to research, in order to operate betterly in the practice. secondly, the suspension of judgments, holidays life counseling, resettlement education, work-study schools, community correction are necessary. Only if the measures mentioned above develop should the aim of probation and education for the juvenile achieved.