On Community Correction System For Juvenile Offender

Abstract:The penalty mitigation, humanization has become a kind of trend of development in international community, community correction as a new way of execution is the guiding ideology of the development step by step. From2003two high and two department jointly issued" on the community correctional work notice", to2009two high and two department again issued" on the pilot in the country community correction opinions", the community correction in China from some provinces nationwide pilot to pilot, enough to reflect the strong momentum of development of community correction. Community correction system in the western developed countries in terms of system construction projects or correction of innovation are already quite mature, in helping criminals to correct bad habits, psychological treatment, occupation planning has played a great role. In the juvenile prisoner community correction, foreign countries have established special institutions and equipped with specialized correctional officer, has accumulated a wealth of work experience. At present our country’s community correction system has just started, although the rapid development, but in the construction of the system, legislation, organization establishment, personnel are still exist many problems. How to make use of community correction to help more juvenile offenders from imprisonment, in order to return the society, is currently China’s community correction work the core question.In this paper, using the methods of literature research, comparative research method and the method of linking theory with practice, through to the system construction of the international standard of beauty, Britain and Japan, community correction system comparative analysis, summarized the international community and other countries in the community correction legal system construction andsystem operation related organization, staffing, social participation from four aspects such as reference standard and experience. Through the introduction of community correction in China running condition, points out our country in the implementation of the system deficiencies, combined with international standards and foreign legislative and judicial practice, on the community correction in China in terms of legislation put forward their suggestions.The article is divided into three parts:The first part is the introduction of the system of community correction for juvenile offenders. This part mainly never delinquents, defined the concept of community correction of juvenile delinquency, juvenile community correction of the origin and development trend of international society, directed against this system puts forward the guiding ideology and working principle and the system five aspects summarized. Among them, in the juvenile offenders and community correction definition, through to the domestic and foreign scholar point of view of comparative analysis, the author put forward his own community correction for juvenile offenders and understanding. In the system, from the penalty humanitarianism theory, the socialization of execution punishment theory, the economic theory of criminology, the labeling theory, the restraining criminal law theory five respects, explain the community correction system for juvenile offenders have guiding ideology and philosophy.The second part is the United States, Britain, Japan juvenile community correction system and the reference. This part mainly from the three countries of the juvenile community correction system the guiding ideology, organization and staffing, correction project, source of funding, experience and discusses it from five aspects.The third part for China’s community correction system for juvenile offenders present situation and legislative proposals. This first part outlines our country Beijing, Shanghai, Sichuan provinces pilot circumstance, of the system in the operation of the existing problems, through drawing lessons from foreign mature experience and reference to the international standard, put forward the juvenile community correction legal system in China’s legislation construction. Proposed legislation is divided into three parts, the first part is general; second part of the juvenile community correction mechanism and main body; the third part of community correction for juvenile offenders specific measures and management measures. At the same time, deeply analyzes our country in the legislation on the core issues and matters needing attention.