Place Juvenile Offender On Probation And Community Correction

In modern times, the issue of juvenile delinquency has been a big problem of the whole world. According to some date, in recent years, the number of juvenile delinquency in China continues to show an upward trend. Scholar Lin Shantian from Taiwan used to say:"The issue of juvenile delinquency is a social and educational problem more than a legal and justice issue; you can resolve this problem reasonably and effectively from social level and justice level". So, adhering to the"education first, punishment second"instruction, fully motivating social active factors, seeking the most useful measures to correct the minor offender and to prevent and reduce the juvenile delinquency, which are the urgent affairs in the juvenile criminal justice actions. At present, in our country the main measure to correct the juvenile delinquency is to put them into some settled and closed place. Facts have proved that this supervision pattern departs the minor and the society, which made the minor to return his normal living with his family and the society difficultly. Beyond this, as in the background of trend of practicing punishment in society and promoting reforms of non-custodial treatment,in allusion to the characteristics of juveniles different from adults and custodial treatment toward juveniles bring about more negativities than positivities, it has become a common understanding of the juvenile justice systems of different countries to place juvenile offenders on probation and community correction. So, through the variously consideration, based on the spirits of punishment humanization, individualization and socialization, this essay will put forward its preparatory assume on placing juvenile offender on probation and community correction.Except the preface and conclusion, the thesis is divided into four chapters.The first chapter gives an overview of juvenile offender and juvenile probation system. Starting from defining the juvenile offender, researching the physical and mental characteristics of juvenile and the statistics of minor offender, we can get the conclusion that juvenile offender should be punished different from adult offender according to the physical and mental characteristics of juvenile. After that, the thesis summarizes the historical origin and theoretical basis of juvenile probation system.In the second chapter, there brings out the suggestion that juvenile probation should be expanded in its applicability. This chapter mainly introduced the necessity of placing juvenile on probation, the status quo of juvenile probation in our country and several issues which should be considered in expending the applicability of juvenile probation. Placing juvenile on probation is necessary not only for society, but also for the family and the juvenile himself. But in terms of juridical practice, due to the impact of traditional thinking model, probation isn't quite often placed on juvenile, whose requirement is harsh and applicability is limited. Some other problems like the lack of specialized standard of placing juvenile on probation needed to be considered seriously.Due to the existence of community correction, probation system can be practiced, thus bringing out the third chapter, the community correction of minor probationers. It is since the July of 2003 that community correction is really used in our country. Though there comes into being lots of problems during these five years, it is accepted by more and more people. But it should be noticed that there has some growing pains when experimental community correction makes its progress.Since some problems are posed in the third chapter, the improvement of community correction for juvenile probationers is discussed in the fourth chapter. The improvement of community correction for juvenile probationers must base on scientific theory of community correction. On this basis, the legislation should be improved and the management system of community correction suitable for juvenile should be built to establish a community correction system suitable for the minor offenders of our country.