A Study Of The Juvenile Law In Japan

In Japan, juvenile delinquency consists of three parts:criminal behavior conducted by juvenile between14and20, illegal act conducted by juvenile below age14and pre-delinquent, and mainly regulates by Juvenile law, Juvenile welfare law and so on. Juvenile law is dedicated to juvenile rights protection as well as rearing and perfecting of them. Juvenile law follows the" return to the society" ideology advocating by protectionism, together with juvenile welfare law, constituting the legal protection system of delinquent juvenile. The home court mainly hears the juvenile indicate, and takes protective treatment as its major punishment, together with the juvenile talking house, which is devoted to public welfare, jointly burdening the cause of Japanese juvenile protection. All social sectors including official, NGOs,and common people have the obligation to educating the youth, the system of participation of the whole nation is the biggest inspiration for us. we should make further efforts to transfer the idea of youth protection, to improve the system and make it (to be) a undertaking of social participation.By using methods of historical research, comparative research, etc, the paper focuses on the analysis of history evolvement and development status of the Juvenile law, combining with the advanced judicial system, the current minor protection law from several aspects in the future development put forward constructive suggestions. Besides introduction and conclusion, the paper mainly divided into four parts.The first part is an overview of Juvenile law in Japan. Introduced the history and current situation of the development of Japan’s Juvenile Act, and to do a more detailed introduction to the characteristics, principles, and to develop ideas. The development of the law in general can be divided into three stages:Old set before, Old juvenile law enforcement stage and the current juvenile law implementation stage. Japan’s current juvenile law has distinct characteristics, is more emphasis on youth human rights safeguard and the healthy growth of the youth. Due process is the foundation of all entity legal legitimacy, benefit maximization is the young Japanese method is one of the main values of the pursuit, is the foundation of juvenile law exist, so the Japanese juvenile law is the principle of due process and benefit maximization principle. In terms of philosophy, adhere to the "healthy" and "social return" and "protectionism", to the lawful rights and interests of the delinquent juvenile give full guarantee, embodies the teenager’s special status in human rights protection.The second part focus on Japan’s juvenile criminal trial procedure made objective analysis and elaboration. Follow the example of family court in the United States, established in the center of the family court for judicial work, in dealing with juvenile delinquency cases have jurisdiction. Family court of juvenile protection events program ends with the final decision. The function of the Juvenile law in Japan in the sense not punished and investigated, instead to improve the juvenile delinquent behavior, to make them return to society healthy growth.The last part based on the analysis of the minors protection law in our country at present, draw lessons from Japan’s advanced concept of making juvenile law and to protect teenagers education experience put forward some Suggestions of perfecting our country’s youth protection act. Include to establish and perfect a comprehensive juvenile protection laws; Set up a perfect juvenile justice; A social participation; at an appropriate time to expand the scope of protection of minors. Mopes these Suggestions to the improvement of the juvenile justice system in China have a certain reference value.