The Construction Of Juvenile Delinquency Protective Treatment System In China

Protective treatment refers to the special measures adopted to juvenile delinquents to promote their growth and prevent or avoid reoffending instead of punishment.It is based on education and protection with the characteristics of welfare,compulsory and judicial.The reason is that it is based on the particularity of the juveniles,national patriarchal thoughts and educational punishment theory.We do not have protective treatment now,we just have some similar measures such as warnings,sending to specialized schools,taken in by the government for rehabilitation,etc.These measures are in different laws which are neither systematic nor structural,also,they are not the specifically measures only applicable for juveniles.The result is that the treatments to juvenile delinquents are overly dependent on the punishment.On the one hand,a large number juveniles are punished and labeled as criminals.On the other hand,when the punishment is not applicable,there is no way for the perpetrator.They can only be released,which are particularly prominent in the crimes committed by juveniles under the age of criminal responsibility.Although China does not currently have a system of protective treatment,there is a historical inheritance of the idea of compensation for children,there is also the current treatment principle of primary education,supplemented by punishment,and the accumulation of juvenile judicial practice over the past 40 years.It should be based on reality,draw on advanced overseas experience,and combine with current laws and regulations to build a system of protective treatment for juvenile delinquents with Chinese characteristics.This article is divided into four chapters:Chapter 1 is an overview of the protective treatment.This chapter focuses on the concept,the boundaries with similar concepts and the theoretical basis.Chapter 2 is the current situation of the treatment of juveniles in China.By analyzing the current situation of juvenile crimes,combing the existing treatment methods,analyzing the defects and deficiencies in the current treatment,and then demonstrating the necessity of constructing a protective treatment system.Chapter 3 is the feasibility analysis of constructing the protective treatment system.Since the beginning of the exploration of juvenile justice in the 1980s,there has been some accumulation of ideas and practices,especially the nature of accommodation and education,and specialized schools,etc.Chapter 4 puts forward practical suggestions for constructing a protective treatment system.Including the applicable principles of protective treatment,the objects,the types the procedure centered on the prior deliberation and so on.The innovations of this article mainly have the following parts:One is to clarify the concept of juvenile delinquents.Although concept is widely used in academia and practice,its connotation has not been clarified.The author has clarified the connotation of this term by clarifying the boundary between delinquents and crimes,and the boundary between minors and juveniles.The second is to demonstrate the necessity of constructing a protective treatment system by sorting out the current situation of the juvenile delinquents in China,and to analyze the feasibility of constructing a protection and punishment system by analyzing the practice of juvenile justice in China.At last,this article aims to construct a protective treatment system with Chinese characteristics.