Research On The Construction Of The Delinquent Juvenile Probation System In China

Juvenile delinquency become one of the "three major public hazard" in the world.How to prevent juvenile crime,recommitment and return society become a worldwide problem again.In the punishment and relief,relative to the "custody" mandatory terms," Probation " is more fit for related delinquent juvenile to pursue a policy of "education,persuasion and save" rules.Probation is a kind of judgment,that represents a kind of judicial trial,to make sure that the criminal at a predetermined period can keep the good behavior conditions and allow them to continue to live in the original community,under the view to protect the people supervision and reach the purpose of re-education and re-socialization;probation is a kind of organization,that refers to the concept of responsible for institutions,used to assist the court and special service about the execution of criminal justice;Also is a kind of process,that is the investigation and trial in front of the court trial,observation and guidance and the concept of integrated care helps after trial.This article using the comparative analysis,case analysis and so on field survey methods,researches on the concept of interdisciplinary study on elaborates the general situation of protection system,based on the experience of the extraterritorial representative countries and regions and the current situation of the development in our country,to put forward the concept of probation system of legislation and judicial practice to build a number of thinking,so as to contribute a train of thought and reference in order to protect delinquent juvenile and prevent crimes.This article is divided into five parts,in the first part the research of the delinquent juvenile probation system and related research results are reviewed,at the same time to clarify the research ideas and methods.The second part includes the concept and relative questions of delinquent juvenile and probation system,and explores the necessity and feasibility of constructing the probation system.Third part introduces the content and characteristics of delinquent juvenile probation system in representative countries and regions outside such as Britain and the United States,Japan,Hong Kong and Taiwan as an example,to summarize some enlightenment which can be for reference.The fourth part discusses the probation system development process in our country,the first is the present situation of the protection system,including Shanghai,Beijing,Changzhou and other characteristic mode and its operation mechanism and application,joined the latest data and cases,and then points out the predicament that there is no independent of the existence of probation system of legislation and institutions,narrow probation object,lack of professionalism and stability,imperfect mechanism and so on.The last part states feasible suggestions,that build delinquent juvenile probation system on the basis of the relative system of juvenile justice system,independent probation agencies as the support,the courts system,professional judicial social workers and social forces as the main body going hand in hand,the operational mode with the more scientific,reasonable and feasible probation system.