The Present Situation And Improvement Of The Juvenile Community Correction In China

With the trend of China's rising crime rate and young criminals,the problem of juvenile delinquency happens.in our country,the juvenile criminals are adhering to the Judicial idea of "Education is the main and punishment is the supplement".As a non custodial penalty execution mode,Community Correction is accord with the transform of juvenile offenders.The implementation of Community Correction for minors is conducive to the re socialization of minors,accord with their physical and mental characteristics,is to fully protect the Human Rights of minors,and in line with the international juvenile justice system.With the development of economy,the improvement of the social management system,and the practical experience of carrying out Community Correction pilot,it is feasible to implement Community Correction for minors.Juvenile offenders are different from the general adult criminals.The implementation of community correction has certain principles,namely the concept of "Education based,supplemented by punishment",for the concept of the right to education for the protection of minors,appropriate intervention and comprehensive aid combination,as well as on the Community Correction of confidential files etc..At this stage,although on juvenile offenders adhere to the principle of lighter treatment,however,the reform of juvenile offenders is mainly based on imprisonment correction.Community Correction started late,There are some deficiencies in theory and practice which performance in Community Correction legislation dispersed,lower operation,lacking of legal systems;ordinary people lacking a correct understanding of Community Correction,community correction low social recognition;without practice and adult offenders distinction,lacking of professional Minors Community Corrections staff and departments,but also the lacking of specialized juvenile correction measures and concrete scheme.Aiming at the shortage of Juvenile Community Correction work,this text combines with the majority of scholars on research of community correction,puts forward some suggestions,namely the construction of the system of Juvenile Community Correction legal system,in the forthcoming "Community Correction Law" in addition of Juvenile Community Correction changes,formulate special"Juvenile Community Correction Law" in the long-term plan,formulate measures for the implementation of Community Correction "minor" in the near future to deal with the reality of Juvenile Community Correction is lack of specific operating rules,regulations and the "Criminal Procedure Law" and other related rights and interests of minors legal regulations matched.The Juvenile Community Correction must achieve the specialized organization management,the specialized personnel participation,and the targeted corrective action.Specialized agencies management is to achieve the redistribution of power,in the daily,the administrative organization of justice increases in Community Correction implementation and supervision of the judicial administrative organs as the leading power to do,other public security organs for assistance.The participation of The professionals emphasize professional qualities,including psychology,law,sociology and other professional background,and professional moral level;in the selection and management of professional staff efforts,ensure professional employment;social volunteer service is a big help to the minor community correction,the background,age and the number of layers and give full play to the advantages of community volunteer service.Improving the social investigation report of minors,social forces is to participate in the evaluation and correction of minors.The minor social investigation report must focus on professional and extensive,the report must reflect characteristics and the growth trajectory of minors.Social investigation report not only led by the Public Security Organization,Office of the Public Prosecutor,the Court,but also can be entrusted to the investigation of third party which has professional investigation and evaluation agencies The establishment of the supporting system of the minor community correction,including the tariff adjustment,the department cooperation mechanism and the foundation of the elimination system of minor criminal record.