Font Size: a A A

Changes In The Concept And System Of Juvenile Criminal Justice

Posted on:2018-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:Z YangFull Text:PDF
GTID:2356330536967852Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,with the transformation of China's society,coupled with the lack of moral education and the relevant legal system is not perfect,juvenile delinquency has become a serious social problem.In the minor crime of every hue,the minor crime problem occurred in the campus is more prominent,the media exposure of a lot of campus bullying,sexual abuse,insult and other cases,China students in the United States had a similar campus abuse case.The differences between the two countries in dealing with similar cases result in the reflection of the theoretical and practical circles on the status quo of juvenile criminal justice.In our country,has long been adhering to punishment of crime and safeguard the human rights concept,but in the minor criminal cases more emphasis on the protection of human rights,and the establishment of education,probation,the principle of saving for minors,this practice with the international community to pursue "children benefit maximization" principle coincide.In line with the world development trend of juvenile criminal justice system.However,in juvenile bullying cases,both parties are minors,how to balance the protection of the defendant and the victim's interests and how to achieve the criminal justice system to pursue the purpose of punishing crimes and protecting human rights,has become a thorny issue in the construction and the need to study and improve the juvenile criminal justice system.In this paper,from the perspective of school bullying cases,the concept and system of juvenile criminal justice.This paper is divided into the following parts: the first part through comparison of Chinese and foreign bullying cases to put forward the problems,this part introduces China's frequent bullying,the government attaches great importance to and in 2016 introduced a series of "notice on carrying out special rectification and" bullying "on students bullying and violence prevention Guidance Opinions",Premier Li Keqiang made important instructions.However,compared to 2015 in the United States,the results of the judgment of Chinese students bullying cases,the results of China's bullying cases are often not criminal investigation.This makes us think,what should be how to treat the juvenile criminal justice,blindly implement forgiveness of bullying of minors is appropriate.The second part mainly introduces the changes of the criminal judicial idea and system of the minors in China and abroad.The author selected the relevant provisions of France,the United States and international documents as the research object,and through combing and comparison system,that in the modern juvenilecriminal proceedings,no country of the juvenile criminal procedure to take a single penalty,or the taking of pure welfare mode or protected mode.With the increasing emphasis on the rights of minors,and the pursuit of the maintenance of social order,the juvenile criminal justice is more and more in pursuit of the compatibility between punishment and welfare.The third part is the reflection on the concept and system of juvenile criminal justice in china.The first choice in terms of concept and mode,China should adhere to the "education,probation,save for juvenile delinquency and education,supplemented by punishment" principle,and take the punishment mode and welfare mode of coexistence and bias in welfare paradigm choice.Specifically to the juvenile criminal justice system,the author discusses the problems of the age of criminal responsibility,community correction,criminal reconciliation,social investigation,and conditions of non prosecution.At the end of this paper,the author goes back to the treatment of campus bullying cases,and proves how criminal justice should deal with such cases.
Keywords/Search Tags:juveniles, school bullying, judicial idea, judicial system
PDF Full Text Request
Related items