Research On The Social Probation System Of Crime-involved Juveniles In China

It is different from traditional criminal justice to carry out social probation for minors who are involved in the crime,which is a kind of treatment mode with the nature of penalty substitute measure.Basing on the theory of national parental rights and the concept of restorative justice,aiming at maximizing the interests of minors,and combining with the participation of social forces,it becomes an innovative move in underage criminal justice.In our country,the exploration about the social probation is mainly unfolded through the establishment of probation base in various regions.In some areas,on the basis of probation bases,those crime-involved juvenile delinquents are provided with the conditions for the application of non-detention measures;in some other areas,probation bases are served as supervising and inspecting sites of conditional non-prosecution.The probation and education that provided in the bases helps those minors return to the society successfully and continue the process of socialization.In different regions,by making investigations about the operation status of probation bases,it is found that there exists differences between different bases,and those differences give rise to various probation effects.Through inspecting the current operating situation of probation bases in different regions,it has been found that the probation bases really have great effects in the aspects of reducing the pretrial detention of crime-involved juvenile,raising the applicative rate of conditional non-prosecution,realizing the penalty leisure,and aiding the minors to integrate into society again.Nevertheless,a large number of problems could be found seeing from the investigation.For example,unclear functions positioning in the operational course of the base,unequal rights and obligations,lack of specialization and diversity of the probation subject,lack of risk assessment mechanism,lack of an effective operating mechanism and so on.The essential reason resulting in the foresaid problems is that there has not yet established a kind of relatively complete probation system in China.In order to build a social probation system in accordance with the judiciary environment of our country for the crime-involved juveniles,it is necessary to further clarify the nature of the probation base from the point of system,to balance the rights and obligations that belong to bases,and to strengthen the training of professional watchers and social workers;at the same time,it also need to implement and carry out the risk assessment mechanism of probation base effectively,and improve its operation mechanism,such as the establishment of the specific executive agency,standardized probation working mechanisms,and scientific business evaluation mechanisms.Only in this way can the social probation system be effective and produce the prospective results.