| The system of minors’ house and rehabilitate has the function of preventing and correcting juvenile delinquency,making the status of juveniles in the protection of minors should not be ignored or shaken.However,due to the lag of the corresponding legal system construction and the poor system and mechanism,the practice has gradually declined,which has become a "sleeping law".The original intention of the establishment of this system is relief,correction and education,which coincide with the demands of modern society for appropriate measures for the protection of juvenile delinquency.But,there are many problems,such as heavy social defense,light personal improvement,heavy punishment,light correction,heavy responsibility,light rights,heavy material and light procedures,which have been criticized by the people.This article mainly start from the request of promoting the national governance ability and the modernization of the governance system,centering on the improvement of the system of minors’ house and rehabilitate in china,and proceed from the two dimensions of vertical and horizontal.First of all,review the history of the system of minors’ house and rehabilitate in china from the longitudinal direction,analysis of sources of law and evolution of legislation through the system’s connotation,clarify its essential attributes from the dispute of its nature,and analyzes the current situation,characteristics and laws of this system in the current period through the statistical data,and based on the above,deeply analyzes the shortcomings of the system from legislation,procedure,entity and execution.Secondly,we can make a comparison from the horizontal,learn from each others’ strong points and close the gap,provide useful lessons for the reform and improvement of the system of minors’ house and rehabilitate in china,through the investigation and research on this system in different countries and regions.Finally,through the discussion of the above two aspects,starting from the goal of perfect this system in china,and analysis the importance,necessity and feasibility of the system’s improvement,put forward the tentative idea about the basic principle,legislative model,procedural norms and substantive provisions of the reconstruction of this system,to explore the establishment of organization system for this system,setting up a systematic parenting body,the implementation of community correction and correction facilities combined,make a turn round of execution according to the actual situation,the establishment of the sound of the return mechanism,in order to push reform and gradual improvement of the the system of minors’ house and rehabilitate. |
