Survey And Reconstitution Of Juvenile Protective Treatment

Juvenile delinquency has become a world problem.In these years,more and more young person below the age of criminal responsibility choose to commit a crime.How to treat them reasonably concerns the healthy growth of the children deeply.However,the treatment in China’s Criminal Law is too simple to help them.Learning the law of other areas can afford lessons improving the law.This paper is divided into five parts,a total of 41,524 characters.The first part mainly discusses the origin and the present situation of juvenile protective treatment in China.The juvenile protective treatment springs from the care for the young.Until the end of the Qing Dynasty,it formed the system.Now the provision of the fourth paragraph of Article Seventeen of the criminal law includes minor’s discipline treatment and detains for reeducation.The second part analysis the need for juvenile protective treatment.The real reason is the circumstances of the crime that statistical data of juvenile delinquency in China shows.The fundamental reason is the characteristics of young people who need to be treated differently.The third part reviews present juvenile protective treatment.The minor’s discipline treatment,fails to correctly understand the bad family factors is one of the causes of juvenile delinquency, lacks of control of guardianship,and turns out to be a formality.At the same time,the property,the determination,the object,the condition and the place of detaining for reeducation are lack of clarity.These effect the application in practice.The fourth part introduces the juvenile protective treatment of other countries and areas.By introducing the educational system and the social protective system of Macao,the juvenile protective punishment including admonishment,protective constraint,tutorship and reformatory education in Taiwan,the juvenile protective punishment including protective observation,sending to child welfare services,and sending to reformatory in Japan,the educational measure and educational punishment of France,can provide a template to improve the juvenile protective treatment of China.The fifth part demonstrates how to improve the juvenile protective treatment. Compared with China,the juvenile protective treatment of other countries and areas give priority to protect the minor.The law is more detailed and comprehensive.Child welfare services are better established.Therefore,in order to improve the juvenile protective treatment,firstly it should be based on the principle of the Best Interests of the Child and pay the utmost attention to the minor.Secondly it should be taken into judicial process.At last,community treatment should be set up,the target of child welfare services should be enlarged,oversight mechanism for guardianship should be set up,and the target,the condition,the process of detaining for reeducation should be refined.