Reconstruction Of The Juvenile Delinquency Correctional System

The juvenile are the future and hope of our nation, so their healthy growth should be concerned with the fate of the country. Nowadays, the minor crime problem, which has become worldwide, has attracted such extensive attention of the international community that all the countries take active measures to prevent and correct the minor crimes. Since our country implements reform and open policy, our country has stepped into a crucial stage of social transformation. Therefore, the problem of Juvenile delinquency is emerging, which arouses people's anxieties. However, the minor crime phenomenon like a mirror not only reflects social morality and culture, even also exposes the malpractice and defects of legal system and justice concept of minors. Although the causes of the criminal minor are profound and complicated, it is the vagueness of the theoretical base and incompleteness of the correctional system of the criminal minor lead to the minor crime again,through carefully examining the correctional system of the minor crime in China.It is admitted that in recent years the correctional system of the minor crime has achieved great development. In comparison with western Juvenile correctional system with over a hundred years of history, our correctional system of minors which appears quite imperfect has some drawbacks and problems. In view of our weak study in the theoretical research of juvenile correction and defective juvenile correctional system, we need to introduce advanced ideas to melt with existent justice concept .It believed that the theory and practice will witness much faster development.Thirty years ago, restorative justice, greatly different from the traditional criminal justice, the characteristic of "gentleness and tolerance" is completely refreshing .with the advocacy of the international society, It has become very popular under the entire world. Many countries have applied it to juvenile justice to create many kinds of specific modes, achieving good correction effect. The new concept of restorative justice, currently providing us a new viewpoint to deal with minor crime correction, can be introduced into this field to improve the juvenile correctional system .The implantation of concept sounds to be much more feasible than system itself.On the basis of clarification of such concepts as juvenile, youth, minor, correction and the juvenile correctional system, the thesis analyzes of the imperfections of the existing system, and reflects the defects of criminal justice idea. In the perspective of restorative justice, this article elaborates the feasibility that the concept of restorative justice is transplanted into the minor correctional system and discusses how to reconstruct the justice concept and the correctional system of minors. Also some specific measures are proposed through the analysis of the defects of the justice idea and the minor crime correctional system at the standpoint of restorative justice.Apart from the introduction and the epilogue, the thesis is divided into five sections. Specific content as follows:The first chapter is about the summary of minor crime correctional system. First, standardize and summarize the related concepts, including minors, youth, correct, juvenile delinquency correctional system, etc. Then introduce Chinese and foreign history of minors correctional system, display vicissitude course of the system, demonstrate the development of juvenile justice idea.In the second chapter, first give an introduction of the current minor correctional system in the aspects of judicial situation, legislative situation and innovative practice. Then expound on the deficiency in legislation, socialization and individualization of correction, illustrate the lack of multiple correctional targets and the fracture problem between the theory and practice.The third chapter demonstrates the feasibility that the concept of restorative justice should be introduced into the juvenile correctional system. Analyzing the current juvenile justice concept, the writer reasons that it is appropriate to introduce the concept of restorative justice and it is entirely possible to be internalized.In the fourth chapter, reconstruct the modern concept of juvenile justice concept by strengthening the concept of protection, humanism, the socialization of executing and return. Restorative justice, a concept of integration, can be perfectly fused into Chinese modern justice idea and give directions to the reconstruction of the juvenile delinquency correctional system. Last, put forward some measures about how to improve the juvenile delinquency correctional system.The writer mainly adopts the comparative studies, the literature methodology and theory and practice method. From the new point of the concept of restorative justice, the thesis carefully examines the weakness of the juvenile delinquency correctional system and gives some proposals, hoping to benefit its development.