Preliminary Study On The Legislation Of Social Correction In China

China is in a critical period of social transformation juvenile delinquency presents an increasing trend year by year,how to prevent juvenile crime has become the focus of criminal law research in china.Since 2003,China has carried out community correction pilot work,the pilot work of community correction has achieved,but we also encountered a series of problems,such as the community correction of juvenile delinquents lacks normative document guidance,the provision of community correction law enforcement subject of juvenile delinquents are confused and community correction programs for juvenile delinquents and adult delinquents are the same.The cause of this problems lies in our country lacks a special law to regulate the community correction of juvenile delinquents.The practice of community correction is in conflict with the criminal law.The fundamental way to solve these problems is expose the problems in community correction of juvenile delinquents in china,analyze the theory of juvenile delinquency community correction legislation,draw lessons from abroad mature legislative experience,in combination with china's criminal policy towards non-offenders,formulate a comprehensive and systematic community correction law with the specific contents of community correction for juvenile delinquents are specified in the form of special chapters.This article according to ask the question?analysis questions and solve question train of thought unfolds successively,the article is divided into three parts,as follows:The first part take the murder mother case of yi yang as the entry point to reflect the serious situation of juvenile delinquency in china,thus proposed the minor crime formation reason and how to prevent and control juvenile delinquency effectively.Through the introduction of yi yang murder case to analyzes the problems of community correction of juvenile delinquents in china;Through exposed the current situation of community correction legislation and practice of juvenile delinquents in china.The second part is the theoretical analysis of community correction legislation for juvenile delinquents.At present,it's necessary and feasible to carry out community correction legislation,to improve the criminal legal system meet the needs of community correction practice and comply with the international trend of juvenile justice,it's provides the necessary foundation for the legislative specialization of community correction of juvenile delinquents.The practical experience and social disorder theory,restorative justice theory and harmonious society theory accumulated in the pilot work of community correction of juvenile delinquents provide a feasible basis for the community correction legislation of juvenile delinquents.The third part is the last part of this paper,it's also the focus of the full text.This part mainly aims at the problems encountered in the practice of community correction of juvenile delinquents mentioned above and proposes corresponding legislative measures.The basic framework of community correction legislation for juvenile delinquents in china is constructed from the framework of community correction law for juvenile delinquents(including legislative model and legislative orientation)and key contents(including personal risk assessment system and special measures for community correction for juvenile delinquents).