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Of The Role Of The Social Forces In The Juvenile's Treatment System

Posted on:2012-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:H WangFull Text:PDF
GTID:2217330338960084Subject:Criminal Law
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Since the reform and opening up, China commit a serious misconduct, violations or juvenile crime trends in the number skyrocketed, and along with the emergence of criminal means cruelty, crime, high crime rate in younger age and re-new features. Youth in the prevention and containment of the process of implementation of these acts, the government and judicial organs at all levels of public authority such as response measures taken did not achieve good results, the aforementioned trend in the new century still further. Prevention and containment of China juveniles in serious misconduct, violations or criminal acts difficulties arising in the process, a number of scholars have put forward according to their study a certain response, but these measures are often stressed how the people at all levels government and the judiciary and other public authority's role in this process, even if some scholars see social forces to participate in public power Zhiwai feasibility and necessity of this process, only to a particular aspect of the corresponding research, with a certain one-sided. Based on the study, compared the treatment system in the juvenile home and abroad in the measures taken and the results obtained, the public power of social forces beyond the perspective that the reasons for this situation because the boy in the prevention and containment the implementation of serious misconduct, illegal or criminal acts in public power without full play the role of social forces outside, and put forward for this lack of appropriate measures to strengthen the social forces outside the public authority in the process role, to be able to some extent alleviate the current challenges facing, has a certain practical and theoretical significance.This paper is divided into six parts in the system, as follows:Part I: Definition of related concepts. Any theories, first of all must have a clear concept of system. This part of other countries and regions and our judicial practice and theoretical study, based on the concept of social forces, the limits of juvenile age, slip juveniles and juvenile treatment system defines the concept.Part II: social forces in the juvenile treatment system play a role in the necessity and importance. This section of the present stage of the juvenile treatment system in the new problems as the starting point in the analysis of the special nature of juvenile body measures and penalties based on severity, treatment system combined with juvenile significant social policy, juvenile diversity and other social causes of crime, discusses the social forces into juvenile treatment system and the importance of the necessity.Part III: social forces in the juvenile treatment system play a role in the theory. First paragraph of the content from the viewpoint of sociology of law, that society has slipped juvenile criminal career can not shirk its responsibility, so the community should take on the slip juvenile correction education responsibilities. The contents of the second paragraph of the introduction of the social forces that will slip juvenile correction education is the development of retribution to the education of the inevitable punishment of requirements. The third paragraph of subjective from the objective differences between Marxism and the start that we were in the juvenile correction slip in the process of education, their behavior can not be overemphasized objective hazards, but should by introducing the participation of social forces, on a deeper level of Junior subjective slip hazard, and as a basis for treatment to them.Part IV: social forces in the juvenile treatment system play a role in the basic principles. First paragraph of the content is integrated governance principles, emphasizing the Juvenile Management is a social problem, comprehensive problems, and other social forces to the forces complement each other and jointly promote the development of juvenile treatment system. Second paragraph of the content is to implement the education, supplemented by the principle of punishment, emphasizing the special nature of the juvenile under the slip, take special remedial education methods. Is to protect the principle of the third paragraph, the juvenile has a strong plastic slip, its correction in the process of education requires us to everywhere to consider how to better protect the slip boy.Part V: social forces at this stage in our youth to play a role in the treatment system limitations. Through this part of the social forces involved in the juvenile justice system at the practice of case analysis, the current lack of clearly defined legislation, coupled with its relatively weak social forces, the public resistance to such authority, leading to social forces in the juvenile treatment system in a very limited role to play.Part VI: Improvement of the social forces in the juvenile treatment system play a role of specific measures. For the fifth part, the part of the system separately from the building society to provide the legal basis and a sound stage in the prevention of social forces, public security phase, prosecution stage, the trial phase of the eight aspects of the role of improving the social forces discussed the Juvenile Management System role of specific measures.
Keywords/Search Tags:Social forces, juvenile, slip juvenile, juvenile treatment system
PDF Full Text Request
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