Research On Legal Treatment Of Minor Status Offense

The minor status offense is essentially the juvenile deviant behavior that we usually refer to,but this is not the case from the perspective of juvenile deviant behavior.The difference between The minor status offense and juvenile deviant behavior is that:1.The subject of minors is legal and the subject of juvenile is broader;2.The content of status offense is legal,and the content of deviation is more extensive.Thus,the minor status offense is also part of the juvenile deviant behavior.Although the status offense on the surface of little harm,but the physical and mental health of minors is extremely unfavorable,because once they deviate from the psychological formation and not be corrected,it is possible along the inertia to the crime path.For this,China has so far no good policy,which is one of the reasons for high juvenile crime.The writing angle of this paper is from the construction of the legal system,hoping to regulate this part of the deviation through legal means.This paper is mainly for the study of the minor status offense,the full text is divided into three parts.The first part focuses on the concept of the minor status offense,including the definition of the concept of minor status offense,the main features and some specific manifestations.The concept of minor status offense is the act of a minor who violates laws that govern only the behavior of minors.The main features of the main characteristics of the specific,legal acts,no victims,the protection of the four characteristics of treatment.The minor status offense of the implementation of the main body can only be minors;status offense range,the type can only be provided by the law;Status offense violations of the object is mainly the implementation of the behavior of minors themselves,the victim situation is not prominent;Minor status offense legal treatment mainly in the protection and education,treatment as far as possible not to bring the punishment of color.The type of minor status offense is varied and difficult to classify.On the one hand,because we can not grasp its classification criteria,on the other hand,the status offense is too complicated,the geographical,the concept and the culture will cause the status offense Vary widely.As the extension of the concept of status offense,the specific performance of the study of status offense helps us to deepen our understanding of its concept.The United States Department of Justice under the Ministry of juvenile justice and juvenile deviation prevention department will be directly divided into four categories of status offense: run away from home,truancy,disobedience and low drinking.China's mainland has not yet established a system of minor status offense,but in the "Prevention of Juvenile Delinquency Act" Article 14 provides for nine kinds of juvenile delinquency,in general,with other national laws and regulations of the identity of the fault,including:To participate in gambling or gambling;watch,listen to pornography,obscene audio and video products,books,etc.;into the law,to enter the law,to the law,to the law,to the law,to the law,Regulations and regulations do not suitable for minors to enter the business song and dance halls and other places.The second part discusses the rationale of constructing the minor status offense system in our country.The construction of status offense system is necessary for our country.First,this is the need for the protection of minors in China,is conducive to the protection of minors from the social violations;Second,this is the need to prevent juvenile delinquency,to curb the mistakes of juvenile slip into the abyss of crime;third,this is to improve the needs of juvenile justice in our country,to fill the juvenile justice in the field of crime before the blank.China's construction of status offense system conditions are more mature,is feasible.In theory,the theory of national tort and the best interests of children have been widely accepted.This is the theoretical basis for the construction of status offense system.In reality,the development of juvenile justice system in China has a certain basis,can carry out the relevant system innovation.Foreign also has a relatively mature experience for our reference.China now has a certain system of relevant,such as school.The third part discusses how to construct the system of minor status offense in our country.We first analyze history and learn lessons.The establishment of status offense system needs to follow the following principles: the principle of protection,the principle of appropriate intervention,to the principle of justice,the principle of specialization.In the process of building the system requires the following aspects: 1.Improve the relevant legislation;2.Establish relevant institutions;3.Strengthen the team building;4.Create contingency measures.