Juvenile Criminal Justice System Perfect |
| Posted on:2014-11-26 | Degree:Master | Type:Thesis |
| Country:China | Candidate:H J Li | Full Text:PDF |
| GTID:2266330392963310 | Subject:Law |
| Abstract/Summary: | PDF Full Text Request |
| In recent years, China has experienced the high rate of the juvenile criminal, and theyouth of criminal become more and more younger and violent. To settle those problems, Chinahas promulgated many laws and procedures, such as “the Protection of Juvenile actâ€ï¼Œ the law ofspecial criminal procedures. At the same time, many departments, such as Supreme Court alsopromulgated many rules to protect the right of the juveniles who related criminal. However,current situation of China is still in the initial stage of the juvenile criminal justice system, thereare still many problems to be solved. The most important issues include:(a) inadequatelegislation, the existence of the statute provides rough, lack of operational problems;(b) of thelack of the concept of restorative justice measures;(c) of juvenile criminal justice professionalteam weak. Faced with these problems, how to improve the juvenile criminal justice system inorder to achieve the goals of protection of the youth.This paper is divided into the following parts: The first part is introducing the origin of thejuvenile criminal justice, basic principles and concepts. In this chapter, the author describes theorigin, development and how the other countries affected by the United States; At same time, Iclarify the country’s pro-chauvinism gradually prevail over the rights of the parents by introducinga classic case of the on the process followed, the author details the concept of theory and basicprinciples of the minors, the author of our academic discussion of the concept of theory and basicprinciples, which summarized the concept of our juvenile criminal justice system and essentialbasic principles. The basic principles include: double protection principle,major of education andprotection while punishment subsidiary principle, to participate in the comprehensivemanagement of principle.The second part is to introduce foreign juvenile criminal justice system; I selected theUnited States, Japan, and Germany as the research object. Through systematic introductionlegislative experience of the three countries, the author draws the following conclusions: firstly,juvenile criminal justice system is not punishment system, mitigation of penalty policy;secondly, punishment, detention is not a solution not Adults key to the crime, the correctionis the last word; finally, restorative justice measures should be used through restorative justiceapplies derived repair damaged social relations and do good to the re-socialization.The third part focuses on the status and defects of the juvenile criminal justice. The defectsinclude the Legislative defects,lack of restorative justice system,as well as the absence of thesethree areas of the welfare system. To deal with the problems, we propose several solutions,including the improvement of legislation, the establishment of professional judicial personnel,introducing restorative justice system and other measures.Finally, the author believes that the development of the juvenile criminal justice system istortuous. However, we believe that constant innovation and practice the juvenile criminal justicesystem, the problems of juvenile can be resolved. |
| Keywords/Search Tags: | Juvenile criminal justice, Restoration Justice complete |
PDF Full Text Request |
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