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The Dilemma And Way Out Of China's Juvenile Justice System

Posted on:2021-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:Q X YangFull Text:PDF
GTID:2416330620471837Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,there has been a lot of discussion on juvenile delinquency,both on the Internet and in daily life.Frequent cases of juvenile-related crime have pushed the topic of improving the juvenile justice system to the forefront.Juvenile delinquency not only endangers social order,but also a serious threat to the future of a country.The importance of solving this problem is self-evident.Juvenile is a transitional from childhood to youth.Juvenile period is also the most significant part of a person's growth.,and the most special stage of physical and psychological states.Therefore,the importance of juveniles must be given due attention.Only when the juveniles strong,the nations will be strong.Therefore,it is important to protect the healthy growth of juveniles and prevent them from illegal crimes.The key to solving this problem is to get rid of the predicament of the current juvenile justice system and find new ways to perfect China Juvenile justice system.In 1984,the first juvenile court was set up in Changning district,Shanghai,which marks the beginning of establishing China's juvenile system.After 36 years of continuous development and progress,China's juvenile justice system has made great progress in theory as well as in practice.First of all,the guide line of "education,probation,salvation" and the principle of "education first,punishment second" are basically established.Second,to some extent juvenile-related legislation also got development,including the Juvenile Protection Act,the Prevention of Juvenile Delinquency Act,and the Juvenile Special Chapter of the Criminal Procedure Law.Juvenile justice institutions such as juvenile courts and juvenile prosecutions have developed in most parts of the country.Although China's juvenile justice system has made great progress,some flaws still exist.The development of our country's juvenile justice system also gets into troubles,including lack of specialized juvenile law,the lack of juvenile justice concepts,and specialized agencies.Moreover,the corrective measures are inadequate.In 1899,the state of Illinois passed the first "Juvenile Court Law" in the United States,marking the birth of the juvenile justice system.Since then,other countries in the world have begun to follow suit and have established juvenile justice systems.The development of China's juvenile justice system has a late start and a slow speed,and also has a long way to go compared with those developed countries.Learning from foreign development experience has also become an important way to develop China's juvenile justice system.The UnitedStates,the birthplace of juvenile justice system,as well as Germany and Japan,who share the same legal system with China become our first choice of learning.It is necessary for China to learn from foreign countries,but it is more important to perfect the juvenile justice system according to China's national conditions.For example,improve the Law of Protection Minor and Prevention of Juvenile Delinquency with Chinese characteristics,establish correct juvenile justice concept,improve China's juvenile justice institutions,perfect juvenile crime corrective measures,and "omnidirectional" protection of juveniles are the current ways out of the predicament.Furthermore,China's juvenile justice system needs to be completed in a comprehensive,scientific and systematical way.Meanwhile,through promoting the overall development of China's juvenile justice system,and putting the protection of juvenile interests at the first place,we can help juveniles grow up healthily,prevent juvenile delinquency,and make juvenile delinquents back to the society smoothly.
Keywords/Search Tags:Juvenile justice system, Juvenile delinquency, Juvenile protection
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