Theory On Juvenile Court

Born at the same time with the juvenile justice system, the juvenile court with special authority to try and pass judgments for juvenile delinquency is common in most countries and regions. Due to their special characteristics, juveniles are easily influenced by many factors when growing up, which lead to delinquency. Being unable to provide timely and effective treatment to these delinquencies and educate juvenile delinquent will hinder the healthy growth of juveniles. Juvenile court is a special justice agency which deals with under-age defendants charged with crime, establishment of which has been discussed more and more as the attention to juvenile justice continuously increases. China has initially established a juvenile justice system and has reached a consensus on establishment of specialized juvenile justice agencies after almost three decades of exploration and practices. Yet the controversy remains over what kind of justice agencies to establish for juveniles. Existing juvenile justice agency model is not sufficient to achieve the objective of educating, treating, and protecting juvenile delinquent. Transition of modern society also put forward new requirements for juvenile justice agencies. Thus, establishing juvenile court is not only a bold vision but also an inevitable choice. This paper proposes to establish juvenile court in China in carrying out the concept of juvenile justice protection by learning from other countries’system and relevant literature.Aside from Introduction and Conclusion, this paper is organized into four sections, each of which is summarized as below:The first section introduces the theory of juvenile court, including the basic concept about juvenile court and the theoretical basis of juvenile court. Juveniles are the offender in juvenile delinquency. In the aim of protecting juveniles in dealing with juvenile delinquency cases, juvenile court is different from juvenile tribunal by both form and essence. The theoretical basis for establishing juvenile court is juvenile particularity, the national parental rights theory and Criminal empirical school theory.The second section summarized experiences about juvenile justice system learned from juvenile courts of Unites states, family juvenile court of Japan and juvenile court in Taiwan. In details, these experiences include the establishment of a specialized juvenile court, the classification of juvenile delinquency heard by the juvenile court, and implementing non-punitive punishment to juvenile delinquency.The third part explained it is necessary to establish juvenile court from two aspects. On the one hand, reform and development of juvenile justice agency is the core to reform and development of juvenile justice system. The current situation and deficiencies of the juvenile justice agency make it necessary to establish an independent, professional and comprehensive juvenile court to push for juvenile justice system’s reform and development; On the other hand, the undergoing social transformation of our country poses the need for the establishment of juvenile courts.The fourth part makes assumption of establishing juvenile courts in china. The juvenile court is established in the form of Intermediate Special Court, equipped with security court and criminal court. Security tribunal hear cases of serious misconduct by juveniles and the non-criminal offense cases, while the criminal tribunal try juvenile criminal cases.