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On The Social Report Of Juvenile Justice

Posted on:2011-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:D ZhouFull Text:PDF
GTID:2166360305981676Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In 1899, the United States passed the world's first document, "Juvenile Court Act", and established a juvenile justice system accordingly. After 100 years of development, the juvenile justice system has also been greatly improved, during which most of the countries have also established a juvenile justice system. China does not form the juvenile justice system, but has done some cursory discussion, as also as the social report. The social report of juvenile justice is extremely important, not only decides whether the juvenile delinquent's behavior into the criminal justice system, but also into the subsequent criminal proceedings, and decide together with the basic facts of the deviant behavior of adolescents conviction, sentencing and execution. But China's study is just a little. Even if there is some, there is no place against the background of juvenile justice to conduct a detailed discussion. The implementation of China's current situation, the social report of juvenile justice has not been confirmed by the law, in practice there are some problems. By comparing the sort of basic theories, practical research and the collection of information on China's the social report, I clarify its importance and value the important role of juvenile justice with a view to play a role in attracting valuable opinions.This paper is divided into five parts, the first part is a vertical development of the introduction of extra-territorial juvenile justice process and the development of juvenile justice under the influence of the social survey reporting system, by comparing the United States, Germany, Japan,conclude that in common, including the same purpose of the investigation, the initiative to start report , non-criminal of the report, and comprehensive of the contents.The second part is one of the priorities of this article, is to clarify the horizontal juvenile justice, the social report on the basis of the basic concepts, discusses the social report on juvenile justice system, the theoretical support, mainly from the individualization of punishment, education, criminal , re-socialization, and personality theory of criminal law point of view these expositions, and then focuses on the social report on juvenile justice, meaning, that is why in the juvenile justice process in the application of this system causes. Primarily combines with juvenile justice and juvenile delinquent characteristics. And social report of juvenile justice in all aspects has played an important role, including the investigation, review of prosecution, conviction, sentencing and execution as well as restorative justice.The third part is through the collection of information and research, collecting practices in several regions of China, by contrast to identify the problem in practice, including lack of legal basis, no unified main body, role limited in scope, and lack of the main non-standard system of accountability.The fourth part is focused on reconstructing China's social report of Juvenile Justice, and it is another focus of this article. First, clear the legal basis for a social inquiry report, then describes the system's basic principles and legal nature, then sets out the focus of main body, the application objects, of the social report, as well as the content. I believe that the main body of the social report should be based on social institutions (including grass-roots organizations and the welfare society organizations),and the main three parties to supplement. Applicable should be targeting young person, age can be relaxed to 25 years of age. As long as the content of the main vertical dimension, including juvenile deviant behavior before the implementation of the growth experience, and the performance after the wrong behavior, then horizontal dimensions of juvenile deviant behavior, including those affecting growth environment, as well as a comprehensive analysis. There is a need, and can be professional accreditation, including the identification of intellectual, psychological appraisal, identification of drug testing, psychological identification. At last it discusses a few in the program in need of attention.Part V is the conclusion, although our social report of Juvenile Justice is not enough unity, there is no establishment of juvenile courts, and no corresponding juvenile justice system, but as long as a practical step by step, one day our country will be completed and had juvenile justice system.
Keywords/Search Tags:Juvenile Justice, Social Report, Juvenile Delinquent, Protection
PDF Full Text Request
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