Research On The Criminal Treatment System Of Juvenile Delinquency In China

The purpose of criminal treatment of juvenile delinquency is to "educate,influence and save" juveniles,allowing juvenile offenders to return to society smoothly after receiving reformatory education.Under the guidance of parens patriae,individualized theory of criminal judicature and restorative justice theory,the criminal treatment of juvenile offenders shall focus on education and prevention rather than punishment.Although an independent juvenile justice system has not been established in China yet,the relevant criminal treatment system of juvenile delinquency has begun to take shape.However,it also has some problems,such as the absence of procedural sanction mechanism in the investigation stage,imperfect legal aid system for juveniles,low socialization degree of treatment system of juvenile delinquency,etc.The rights and interests of juveniles are most vulnerable to illegal infringement in the criminal investigation stage.Thus,it is necessary and urgent to improve and perfect the procedural sanction mechanism to restrain the illegal procedures of the investigation organs.As juveniles have weak awareness ofprotecting their own rights and interests,the development and perfection of legal aid system for juveniles is crucial to the protection of rights and interests of juveniles.At present,the criminal treatment for juvenile offenders in China still focus on judicial authorities,lacking good interaction with the society.The juvenile justice referral mechanism is able to effectively solve the problem of low socialization degree of criminal treatment of juvenile delinquency.However,it is still in the initial stage in China,and only by solving the problems of the cohesive mechanism and the safeguard measures can it play the most important role.