Changes Of American Juvenile Justice Concept And Its Influence On Juvenile Justice System

The “red,yellow and blue” kindergarten child abuse cases in Beijing,the case of child custody in Shanghai Ctrip Parenting Park,the rape of Li Tianyi and various forms of campus bullying reported in an endless stream.Some of these criminal cases involving juvenile delinquency include minors who have taken the initiative to commit crimes and others who are victims.Once reported,they have triggered widespread concern and discussion in society.This also reflects people's concerns about juvenile delinquency.Due to the development of the economic level,the young people's developmental age is ahead of schedule,coupled with the low threshold of access to the Internet,and the youth's exposure to violence,pornography,and other harmful physical and mental health cultures.Juvenile delinquents are cruel and have a bad influence on the social environment.The discussion on the age of criminal responsibility should be discussed in full swing.China has made good progress in the juvenile justice system.The first juvenile court was born in Shanghai's Changning District Court in 1984,and the number of juvenile courts established in the national court system has gradually increased.While juvenile justice protects the interests of juveniles,there is also a phenomenon of insufficient juvenile justice legislation.Based on this,this article thinks it is very important and necessary to study the American juvenile justice system that separates juvenile justice and adult justice.In 1899,the United States established the world's first juvenile court in Chicago.Since then,it has created a precedent for separating juvenile justice from adult juvenile justice and has separated the juvenile justice system from the traditional criminal justice system.Based on the psychological and physical characteristics of juveniles,the juvenile judiciary emphasizes the individualization of juvenile delinquency.Juvenile justice has its own independent procedures and legal concepts,constituting an important part of the American legal system,and has a profound influence on juvenile justice in other countries' system.From the development history and events of juvenile justice in the United States,it can be analyzed that juvenile justice system is not immutable in the development process,but has experienced from protection to severe punishment to compromise between the two.The reasons are not only the deterioration of the juvenile delinquency caused by changes in the social environment,but also the development of natural sciences and social sciences such as medicine,physiology,psychology,sociology,and juvenile criminology.It is precisely because of these objective changes that the United States has adopted different judicial concepts in its treatment of juvenile justice.The change in the judicial concept has directly affected the changes in the juvenile justice system.In the United States,initially under the influence of the concept of “maximizing the interests of children” and “Parens Patriae”,the original intention of establishing a juvenile justice system was to better protect minors.With the development of urbanization,industrialization,and the growth of the population,the juvenile delinquency rate in the United States continues to rise.The public has changed the policy concept of juvenile delinquency,and the concept of “strict punishment” has begun to implement in the juvenile justice system.“Behavior-responsibility” is the linear standard for juvenile delinquency.However,from the Supreme Court of the United States in 1988 against Thompson v.Oklahoma and the 2005 Roper v.Simmons case,the juvenile was barred from sentencing to death.It can be seen as a compromise between the two justice concepts.In view of this,by studying and analyzing the changes in the American juvenile justice concept and combining our country's specific national conditions,this article aims at helping to improve the protection system for minors in our country.