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Research On China’s Juvenile Corrections System

Posted on:2013-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhuFull Text:PDF
GTID:2246330371499784Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Since the reform and opening up, juvenile delinquency is a trend of sustained growth, to the illegal crime juvenile education and correction is related to the healthy growth of the teenagers and the nation’s future development. China’s juvenile delinquency is illegal act within the facility rearing mainly has two forms:one is the juvenile corrections, a reform school. Juvenile correctional including juvenile reformatory custody and juvenile reeducation through labor. Open juvenile correctional system of the facility is used for youth living, for the help and guidance of the place, and not for incarcerated juvenile place, without limiting the freedom of youth, or social isolation. Community-based juvenile correctional system refers to the criminal juvenile not divorced from social situations, relying on social strength to carry on the education correction. Because of their physiological and psychological characteristics of children, and social isolation rearing can receive good correction effect, modern society more and more tend to the practice. China’s social assistance is a community-based juvenile correctional system. It is neither administrative punishment or criminal punishment, but a crime according to the criminal law and other relevant provisions of the identified for those minor crimes but not serious enough for criminal punishment, punishment of the crime of juvenile reeducation through labor to help and education.Our country juvenile correctional system has its ideological origin and guiding ideology. Chinese traditional culture is of long standing, broad and profound,5000years historical accumulation, formed a systematic and complete system of thought, education is the important part of the cultural system. Education thought foundation, formation and the spring and Autumn period, rise in the Han and Tang Dynasties, flourishing in Song Dynasty Confucian culture. This culture advocated ethical politics and moral principle, to become China’s education thought and the most profound culture nourishes. We can learn a lot from the Confucian doctrine of human plasticity theory, namely the person is at least able to learn good rational beings, of this kind is the individual through the appropriate social education--ceremony within the cultivated quality. The juvenile is illegal, because they did not learn the correct code of conduct, or not enough to internalize these norms. China insists Marx’s transformation of the society, the transformation of human theory, with active criminal policy and social policy to deal with illegal crime, with humanitarian influence people, initiated the new era of correction of scientific development. In our country criminal juvenile, adhere to the priority of protection, punishment principle, implementation of education, probation, save " guiding principle, our country juvenile education system gradually on the legal, scientific and social orbit.China’s juvenile corrections system also has some problems, such as rearing activity current article obsolete, some legal issues have not adapted to the needs of judicial practice, resulting in confusion in teaching activity. Due to juvenile crime is increasingly serious, juvenile correctional institutions in overcrowded dilemma, countries are difficult to pay the expense. Our juvenile correctional institutions in China are large in scale, equipment stale, management method, system is backward, be nurturers easy cross infection, education and correction of the effects are often not satisfactory. Our juvenile correctional staff lack of skills training, after the release of hard to find a job, it is very difficult to stop them to crime. Juvenile correctional staff after release did not get very good placement and protection, social reintegration after still live in a good environment, easy to commit a crime again.China’s juvenile corrections system needs to improve the innovation. Shall be subject to the" law on the protection of minors" as the guide, to develop" minor" teaching method, to constitute the juvenile protection law supporting the legislation, and will develop the" juvenile criminal law"," youth labor regulations" to achieve equal status. Education law should set the organization law, substantive law and procedural law as a whole, the leadership of the management system, teaching mode, teaching procedure, approval and execution management system into the legal track, also should pay attention to in the teaching practice of a series of legal problems. Clear was raised to the legal status. As the education subject in legal relationship, was educated people should have legal rights and obligations. Should develop some non-governmental organizations, such as the after-care, brother and sister, alleviate the state of stress. Launch more volunteers to carry out on juvenile rehabilitation protection work, pay attention to support to various social forces to carry out integrated management. It shall carry out classification treatment of juvenile offenders. By medicine, sociology, psychology, education workers to juvenile delinquency is inspection, identification, evaluation, according to every juvenile specific decisions to the most suitable facilities, and to give the most appropriate treatments. As far as possible, having common nature of the problems of the people held in the same facility, formulate corresponding education contents and guidance method. Should pay attention to the juvenile correctional officer occupation education, implement production and skill training of juvenile occupation, commissioned by the Institute and factory enterprises occupation training, to take them to the social factory practice, develop Institute commissioned by the occupation guidance system. Must pay great attention to the criminal juvenile released after placement. Provisions of rearing period and after the expiration of the period of protection measures. The prognosis of protection, from the social aspects, proper arrangements for their careers method. Juvenile correctional institutions for return to the social life of juvenile homes, prior to the interview, when necessary adjustments, in order to juvenile reintegration to live a good life environment.
Keywords/Search Tags:Juvenile correctional system, Crime, Education and correction, Community correction
PDF Full Text Request
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