The Study Of The Juvenile Probation System

Custody rehabilitation as a special non-criminal care and protection system prescribed by China's legislation,which through a compulsory education,protection and correction measures for juvenile offenders who are not criminally liable.From the beginning of its establishment,it has played an important role in controlling minor's crime rate and safeguarding social harmony and stability.However,with the development of juvenile law,the problems in the system of custody rehabilitation are constantly highlighted and need to be further improved.By comparing the development of the juvenile justice system in the United States,Germany and Taiwan,it can be easily find that the juvenile probation system plays a very important role in this.During the entire handling of juvenile incidents,the juvenile probation system focused on the protection of the human rights of juvenile.It shows the protectionism and an ideology of decriminalization,socialization,and non-imprisonment.The current criminal law has certain problems in the treatment of non-penalties for deviant and non-mental minors,especially the problems existing in the custody rehabilitation.It is necessary to further reform the system custody rehabilitation and improve the existing non-penalty penalties in order to achieve the goal of non-immigration and socialization for deviant and non-mental minors.The establishment of the juvenile probation system is a core factor.This article takes the issue of reforms in the system of the custody rehabilitation,examines the problems existing in the current operation of the system of custody rehabilitation.While comparing the juvenile probation system on both sides of the strait,we have a better understanding of the protection of juvenile and so that we can put forward a concept of a comprehensive and scientific the juvenile probation system to replace the system of custody rehabilitation.This paper is divided into three parts:The first part comprehensively examines the problems and analyzes the causes in the operation of custody rehabilitation.First,overviews the history of the system of custody rehabilitation.And analyzes the problems and causes of the system of custody rehabilitation.It includes the following aspects: the legal basis is seriously unsound in the legislation;imprisonment execution violates the aim of juvenile law;the problem of retributive criminal justice is prominent;the decision procedure lack the procedural justice;the implementing measures of the system of custody rehabilitation is too single.In general,all of these problems are not conducive to the juvenile returning to society.In the second part,investigates and studys the related legislation of the juvenile probation system.The author introduces the “ Steering System ” of the United States in detail,as a typical representative of Common Law System countries.And introduces the "Educational criminal law model" of Germany,as an example of Civil Law System countries.Finally,the juvenile probation system in Taiwan are researched and analyzed.Based on the above analysis,we summed up the relevant experiences that can be used for reference in reforming and perfecting the system of custody rehabilitation.The third part elaborates what we can learn from on the comparison foundation,that is the systematic perfection of the system of custody rehabilitation.First,on the basis of constructing a reasonable legislative model for juvenile probation,a number of basic principles such as the principles of human rights protection,judicial humility,protection priority,education priority,and the principle of correcting socialization should be established.Secondly,reforming the current operating procedures and implementation systems,and establish a systematic framework for juvenile probation.It includes the following aspects: First,choose a legislative model that is suitable for juvenile probation.Then,the reference and improvement of minors' non-penal institutions.Call for the establishment of "Juvenile Courts" and the formation of specialized juvenile probation institutions and team the same time.Third,the juvenile probation procedures are used for reference and improvement.The non-incarceration,the socialization of punishment and the socialization of execution are carried out,and the " Steering System" is actively promoted.Fourthly,the measures should be used for reference and improvement.For example,refer to the observation and care measures such as holiday life guidance,protection observation,resettlement guidance,community service,and reform of working school.In the end,a system of juvenile probation was formed to replace the system of custody rehabilitation in order to achieve the the aim of probation and crime prevention.