Exploration On Criminal Treatment Of Juvenile Crimec

Since the 20th century, intervention and treatment theories have been widely introduced in the juvenile justice system around the world. In our country due to many factors, juvenile justice is still at the initial stage, and the existing adult-oriented concepts and penalty system hinder our juvenile justice process with paying attention to criminal penalties and ingnoring therapy. Thus constructing juvenile delinquency criminal corrective system has become a key link in establishing our juvenile.justice system. This article based on sorting out juvenile crime, the criminal division and so on the basic concepts and theories introduces foreign advanced concepts and measures, combines with our status of juvenile crime and justice and explorats the constructing of juvenile delinquency criminal corrective system. Text is divided into four parts:The first part investigates the concept and value of juvenile delinquency criminal treatment. The text believes juvenile delinquency criminal treatment is to prevent crime and educate, save juvenile delinquency, is the the sum of measures taking against juvenile offenders, including physical and procedural measures. Corrective is the results of reflection on the traditional view of positive penalty law school, highlighting the prevention and treatment. Juvenile justice system due to its subject withnot the integrity and personality plasticity, need more protection and treatment. Because the same values, the Juvenile Justice become the best "experimental field" of treatment theory in practice. Treatment concepts and measures have become the juvenile justice core with the "education, save the main, supplemented by punishment".The second part discusses the principles of juvenile delinquency criminal treatment. The text believes criminal treatment principles reflects the concept of the criminal treatment and guides the criminal treatment operation and implementation and criminal treatment organizations and their staff should follow the norms of behavior.Juvenile delinquency criminal treatment concluds the following mainly:First,the principle of dual protection; second, focusing on prevention, appropriate intervention principles; third, to protection mainly, supplemented by the principle of punishment; Fourth, the principle of individualization; Fifth, the principle of restorative justice.The third part inducts and presents the situation of juvenile delinquency criminal treatment within and outside. The text focuses on the United States, Britain, Japan and Hong Kong and Taiwan region's juvenile legislature, the judiciary, the role of civil institutions, classification treatment system, the community treatment etc. On analysis of juvenile delinquency features and the legislative, judicial status in China, The text believes that our juvenile legislative, judicial bodies, the way sanctions has gaps, conflicts, single, adult-oriented defects, the system has not yet formed and the system can not effectively protect the youth rights and healthy growth.The fourth part is the initial idea of the construction of juvenile delinquency criminal treatment in China.The construction of system should be based on juvenile legislation, specialized juvenile justice institutions and professionals which is independent of the ordinary criminal law,and establishs a social survey in the program, privacy, restorative justice and other protective procedures in the entity establishs non- penalty of punishment-oriented multi-level penalty system, carrying out the philosophy to treat mainly supplemented by punishment in implementation process,and established applicable rules for the purpose of protect. The establishment of China's juvenile delinquency protect and probation system, the social survey, criminal record eliminate and criminal settlement system is the key of builting the juvenile delinquency criminal treatment system.