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Human Rights Protection Of Juvenile Delinquency

Posted on:2016-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:D D SongFull Text:PDF
GTID:2296330464972062Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
People are people, because people enjoy their rights in the society, "the Universal Declaration of human rights" pointed out:"man is born free, regardless of race, color, sex, language, religion, property, are entitled to all the rights and freedoms contained in this declaration." In the globalization of human rights today, along with the minor crime rate rising, the human rights of juvenile crime has attracted more and more attention. Juvenile offenders as a special group, have an important effect on the social stability, and plays a decisive role to the development of the future society, the protection of juvenile offenders of human rights is conducive to improve the quality of the transformation, led them into law-abiding citizens, avoid re crime. Juvenile offenders in the age of small, low level of socialization, strong plasticity, the crime has particularity, therefore shall formulate a special protection system in view of their characteristics. With the system of protection of human rights of western countries for reference, it is not difficult to find that our country juvenile protection of human rights offenders have made many achievements, but because of the cultural, political, economic and other factors, there are still some problems cannot be solved effectively.In this paper, from the perspective of human rights protection, through the analysis of the theoretical foundation of juvenile offenders of human rights protection, discusses the juvenile offenders in prison term enjoyed during the substantive rights and procedural rights. In the discussion of substantive rights and procedural rights, lists several core rights, such as right to life and health, the right to education, the right of labor, commutation and parole right, classification held right, according to the characteristics of juvenile offenders, proposed the establishment of the juvenile offenders in China protection system suggestion.This paper is divided into four parts. Firstly, expounds the concept of human rights protection of minors crime, it is pointed out that the subject discussed in this paper is the prison law under the context of juvenile offenders, slightly and concept legal significance of the differences, at the same time, through analyzing the particularity of juvenile delinquents and basic human rights theory leads to the specific content of the juvenile prisoner rights protection. The second part focuses on the substantive rights of juvenile offenders, lists the most important health right, right to education, analysis of the labor right, right to the concept and status of communication. The third part of our minor criminal judicial procedure requires a number of rights to be protected is analyzed emphatically, such as the right of commutation and parole, classification, the elimination of previous conviction held right. In the fourth part of this paper puts forward the establishment of juvenile offenders of human rights protection system scheme, based on the presence of important rights before the two part of the analysis of the problems in the legislative, judicial,, from family and society three aspects to discuss how to better safeguard the rights of juvenile offenders.
Keywords/Search Tags:human rights protection, juvenile delinquency, substantive rights, procedural rights
PDF Full Text Request
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