Community Correction Research On Juvenile Delinquency

Young people who break the law are a societal concern throughout the world.In the majority of cases,anti-social behaviour is limited in time and scope,but asignificant minority will display more serious and persistent delinquency.Due to their relative immaturity,and hence limited responsibility,incombination with their vulnerability,these juvenileoffenders constitute a particular challenge to the legalsystem.For more than a century,most Western countries have been treating children who break the lawdifferently from adult offenders.Typically,policy andpractice in relation to juvenile crime are guided bya dual perspective of both ‘welfare' and ‘justice'.The welfare perspective rests on asocial contextual model of delinquency,seeing theyoung offender as a child in need of rehabilitation andprescribing that his or her future prospects should betaken into special account.Within the welfare model,there is also a general belief that young offenders,to alarger extent than adults,can be influenced positively.By contrast,the justiceperspective prescribes that the committed crime shouldlead to consequences that are proportional and predictable,independently of any possible treatment needs ofthe offender.Despite the built-in conflict betweenmeasures based on individual needs and measuresbased on principles of proportionality,interventionsshould ideally promote justice as well as welfare.Community correction of juvenile delinquency is a collective term for criminal supervision of juvenile delinquents,educational transform and help-service activities in the community.Since the seventies and eighties of the 20 th century,all countries in the world have continuously carried out the reform of the penal system and have followed the basic principles and requirements of socialization,individualization and scrutiny advocated by the United Nations criminal justice norms and followed the ways to deal with crime and offender's criminal(penalty)implementation which are more effective,humane,civilized and economical.In our country,the "community correction" as defined in the "Notice on Carrying Out Piloting of Community Corrections" promulgated jointly by the Supreme People's Court,the Supreme People's Procuratorate,the Ministry of Public Security and the Ministry of Justice is more appropriate.That is to say,community correction is relative to imprisonment correction Means executions of eligible prisoners are placed in the community,and specialized state agencies,with the help of relevant social organizations,nothe n-governmental organizations and volunteers,rectify their crimes within time limit set by judgments,rulings or decisions Psychological and behavioral abuse and promote their smooth non-custodial sentences to return to society.This is a broad community correction,which applies to the five other types of crime described above,as well as other suitable for community correction.In other words,community correction is a method that does not separate prisoners from the community and uses community resources to reform prisoners.It is the general term for all those who administer education inmates in community settings.The practice of community correction in foreign countries proves that community correction not only helps improve the quality of education and reform of prisoners and promote the virtuous cycle of social order,but also helps rational allocation of execution resources and reduce the cost of execution.In this paper,using the comprehensive methods of speculative,empirical,historical and comparative studies,this paper makes a deep research and analysis on some practical problems of community correction in adolescents from the perspectives of criminal law,criminology,criminal law and correction.This article is divided into 5 chapters,the main contents of each chapter are summarized as follows:The first chapter,"Introduction",mainly explains the significance of the author's topic selection,the current research situation both at home and abroad,and the basic ideas and methods to study the community correction of juvenile delinquency.The second chapter,"the theoretical basis and practice mode of applying community correction to juvenile delinquency".First of all,the concept of adolescent in our country is defined,and the concept of community correction and its background of transplantation are expounded.Second,it comprehensively sorts out the practice model of juvenile delinquency,including pretrial detention,correction of prisons,juvenile correctional institutions,work-study schools and community help-care system.Finally,the value and paradox of community correction applied to juvenile delinquency are discussed.The third chapter,"Shanghai juvenile delinquency community correction practice." Through the analysis of the judicial data of juvenile delinquency in the whole country and Shanghai in recent ten years,this part observes the situation of juvenile delinquency,learns the achievements of juvenile delinquency prevention and correction,and puts forward corresponding countermeasures and suggestions according to its deficiencies and defects.Specific aspects include: First,the basic situation and trend of juvenile delinquency in the country;second,an empirical analysis of juvenile delinquency in Shanghai;third,prevention and supervision of juvenile delinquency in Shanghai.Chapter IV,"Community Correction of Juvenile Delinquency in Hong Kong and Taiwan in China and Foreign Countries." This chapter provides a detailed introduction of the community correction system beneficial to young people in other countries and regions,which is of great significance to the improvement of the corrective system in our country.For example,the criminal policy of the United Kingdom in handling juvenile criminal cases following the "just mode" and the "welfare model" tends to give criminals three chances to turn over.The fifth chapter,"improve the juvenile offenders community correction system recommendations." This chapter is divided into three sections.First,to improve the legal system of community correction for juvenile delinquency and put forward two proposals to promulgate special law on community correction for juvenile delinquents and improve the implementation measures of community corrective punishment;secondly,to change the concept of penalty and adhere to two adolescents The principle of criminal punishment of criminals is based on the principle of non-custody,detention as an exception principle and non-custodial punishment principle.Third,the implementation of the case correction mode of juvenile community prisoners.