Research On The System Of Division Of The Delinquent Juvenile

According the principles of juvenile justice of"Education as the main , punishment as the supplement"and the immaturity of juvenile , the paper learn from the advanced experience of foreign countries and institutionalizes the Try Practice of diversion of our delinquent juvenile ,thus construct the diversion system of the delinquent juvenile of China. The diversion system of the delinquent juvenile practises the concept of People-oriented, and rolls some of delinquent juveniles out of the formal criminal proceedings .This can avoid or reduce the negative impact of the formal criminal proceedings, thus conserves delinquent juveniles of the normal development of the social opportunity.The paper consists of four parts of six chapters:This first part of the paper is about the overview of the diversion system of the delinquent juvenile, including the first chapter"The meaning of the diversion system of the delinquent juvenile"and the second chapter"The history of the diversion system of the delinquent juvenile and the Chinese practice". Fist, by means of interpretation of the conception of"the delinquent juvenile"and"the diversion", the author proposes the diversion is a system, which endows the public security organs and the judiciary with the power to bring some of delinquent juveniles out of the formal criminal proceedings for avoiding the negative impact. At the same time, from the desire of the existence and the development needs of the trinity structure of"Individual - society - the State", the paper explores the rationality of the diversion system of the delinquent juvenile. Second, the paper explores the history of the diversion system of the delinquent juvenile of countries represented by United States, and pointes out that institutionalization is the trend of the diversion system of the delinquent juvenile in china."The plot"is the basis of substantive law, and"the right to appropriate treatment"is the basis of procedure law.The second part of the paper is about the research of institutionalizing the diversion of the delinquent juvenile in china, the third, forth, fifth chapters separately discussed from the decriminalization,the depolarization and the non-imprisonment. In the case of the treatment of the Decriminalization, the author suggests the public security organs are given a certain degree of discretion placed on file in the field of juvenile justice, and the prosecution discretion of the people's procuratorate is enlarged. The paper consummates the system of the suspension placed on file, the system of the discretionary non-prosecution and the system of the suspension of prosecution, which can decriminalize the deviance of juveniles. The discretion placed on file in the field of juvenile justice, which is owned by the people's procuratorate, is different from the discretion placed on file in the field of adult justice, which doesn't exist in the power of the people's procuratorate. The discretionary non-prosecution is a state between the prosecution and the non- prosecution, whose typical feature is whether to prosecute is based on the performance of the delinquent juvenile in the inspection period, thus encourages them to accept actively the education and the correction In the aspect of the treatment of the depolarization, the author approvals to increase appropriately the circumstances which are that the delinquent juvenile ought to be exempted from criminal liability, and suggests increasing"supervise"and"social services"as the statutory sentence alternatives, which will mobilize the initiative of the delinquent juvenile and parents. In the case of the treatment of the non-imprisonment, the delinquent juvenile participate in the formal criminal proceedings with the non-custodial status. The subpoena, the residential surveillance and the bail are the measures of non-custodial in the existing adult criminal system. These measures, especially the bail, can let the delinquent juvenile achieve the status of non-custodial. The system of suspended sentence is an important proceed to comply the status of non-custodial, so the author advises to bring about the aim of the system of suspended sentence in the manner of"judicial advice". The public surveillance is the only penalty of non- custodial in the statutory penalties. The increase on the application rate of public surveillance in the juvenile cases, which can bring about the non-custodial of the delinquent juvenile, depends on the improvement of the implementation of the main structure and the abundance of the positive obligation of the delinquent juvenile in the test period. The probation, the parole and the execution outside of jail are the manners of implement. In order to ensure legal and social effects of the probation, the author suggests to construct the instruct of the probation investigators, which combines"the public security organs-- the community corrections agencies"with"the Juvenile probation officer",and to use the test period extended appropriately to solve the problem—the plot of the irregularities of the delinquent juvenile is general, or the delinquent juvenile commits small mistakes constantly instead of making a big mistake.The third part of the paper is about the supporting systems of the division of the delinquent juvenile, including the sixth chapter"the system of community correction and the system of social help and education".The community correction, which is an important part of the execution of social, is the supporting measure of executing the prison-based sentence by the way of non-custodial. The application objects of the community correction of the division of the delinquent juvenile are the probation, the parole and the execution outside of jail, excluding the public surveillance and the deprivation of political rights. The community correction aims to correct the deviants and the criminal minds of the delinquent juvenile, so needs to set three categories of projects including the psychological treatment, the disseminate knowledge and the vocational training. Yet the system of social help and education aims to make full use of the social forces in the correction of the delinquent juvenile, whose typical feature is non-judicial. The organizations of the social help and education work on the basis of the agreement of the social help and education. They help and educate the delinquent juvenile to promote the early realization of the delinquent juvenile.