Research On The Juvenile Diversion System

Juvenile diversion is an important part of the juvenile justice system.The purpose of the diversion is to weaken the labeling effect and prevent juvenile delinquency.The design of the juvenile diversion system is the key and difficulty.Juvenile diversion system separates the juvenile from the traditional criminal justice system.The diversion system bases on social investigation.Then it will be supplemented by follow-up socialization treatment.The juvenile diversion of China has already had an embryo.But it is not perfect through comparing to juvenile diversion in mature areas.This article attempts to build our country's diversion system through the study of juvenile diversion system.This thesis can be divided into three parts:The first chapter points out that reducing the age of criminal responsibility is not the juvenile delinquency solution.On the basis of the theory of labeling,differential association theory,protecting punishment of state parental power and the theory of education punishment,the author found out the theoretical support.The particularity of the juvenile pointed out the necessity of juvenile diversion.China's criminal policy of combining leniency with rigidity provides policy support.The second chapter introduces the main juvenile diversion measures in our country and points out the problem of our diversion,so as to guide the reconstruction of juvenile diversion.China's juvenile diversion has not formed a systematic system.The scope of application is narrow.Subsequent treatment measures are imperfect.The third chapter summarizes successful experiences in other countries and regions.It will help China improve the juvenile diversion.This paper expands the object of diversion including bad behavior,serious bad behavior,the act below the age of criminal responsibility and criminal behavior.Juvenile diversion makes the social investigation as a necessary pre-procedure.And we will achieve the diversion of juvenile through the re-allocation of discretion.The juvenile needs follow-up treatment measures to correct their behavior.The follow-up treatment measures are related to the goal of correction.So we need to reform and improve the follow-up treatment measures.In order to achieve the goal of maximizing the elimination of labeling,the record elimination system is necessary.