Research On The Legal Issues Related To The Correction Of Juvenile Delinquency

From the relevant data reports issued by the Supreme People's Court of China,it can be concluded that the number of juvenile delinquency in China has been declining for nine consecutive years from 2009 to 2017.However,in reality,there are still malignant homicides among young minors.The relevant issues of minors have always been the hot issues concerned by our party and the state.How to effectively prevent and correct juvenile offenders is the focus of social construction and social management.In view of the current problems in the correction of juvenile delinquency,we should focus on solving the legislative difficulties in the correction of juvenile delinquency,the imperfect judicial protection of juvenile delinquency and the dilution of social responsibility of family and school.There is no ready-made model and experience for reference in the establishment and improvement of juvenile justice system with Chinese characteristics.National conditions are the fundamental starting point for planning juvenile justice work and implementing system innovation.Starting from Chinese reality,especially the basic characteristics of China's economic and social development at this stage,the reality,characteristics and development trend of China's juvenile protection and juvenile delinquency,and the new requirements and expectations of the public for juvenile justice can better cope with the new situation.At the same time,we should also have an international and world vision,deepen our understanding of foreign juvenile justice concepts,systems,systems and experiences,and absorb and learn from the useful achievements in the field of juvenile justice made abroad.In order to achieve the goal of improving juvenile justice oriented by welfare,we must not only pay attention to the characteristics of minors,but also pay attention to their original family environment;not only pay attention to the criminal behavior of minors,but also pay attention to their criminal behavior.Realize the comprehensive control between prevention and punishment,and realize the harmonious transition.The special protection of minors is not only reflected in the special ideas and organizations,but also in the special procedures,so as to effectively implement the protection of minors.The following points must be strengthened in the correction of juvenile delinquency: at the legal level,adhere to the principle of "education first,punishment second",pay attention to the concept of protection,recovery,and active prevention,and actively explore the path of special laws for minors.In the judicial aspect,we should explore the establishment and improvement of juvenile courts,juvenile prosecutors,juvenile police specialized institutions,training and improving the quality of full-time personnel,as well as the connection and improvement of procedures.In the aspect of social expectation,it is necessary to strengthen the distribution and improvement of the responsibility of helping,so as to maximize the interests of children.At the same time,we should further clarify the responsibility of family and school,ensure that the responsibility is fulfilled in place,strictly investigate the lack of responsibility,create a better environment for the juvenile delinquent,so as to promote the comprehensive,coordinated and sustainable development of juvenile justice activities.This article mainly aims at the wrong behavior itself and discusses it from four parts.The first part uses cases to lead to the topic of correction of juvenile delinquency,expounds the significance of the topic from the theoretical and practical aspects,sums up the research status at home and abroad from the literature,accurately distinguishes juvenile delinquency and juvenile delinquency from the basic meaning,and further explains the concept value of juvenile correction.The second part analyzes the mode of correction of minor offenders in foreign countries,compares juvenile court mode,welfare administration mode and welfare judicial mode,analyzes the details of minor offenders' correction in foreign countries,combines with China's basic national conditions,extracts the essence,draws lessons from useful experience,and puts forward the conception that is suitable for Chinese characteristics.The third part is mainly from four aspects to analyze the plight of correction of juvenile delinquency.First of all,the legal provisions attached to the nature,dispersion,limitations of the dilemma of analysis of China's minors protection legislation.Secondly,it analyzes the judicial dilemma from four aspects: the independence of the establishment of institutions,the non-professional composition of personnel,the one-sided scope of jurisdiction,and the additional attribute of the penalty discretion.Third,from the perspective of social tracking to help the backward,this paper expounds the social environment dilemma of juvenile delinquency correction.Finally,from the point of view of the non-prominent responsibility and absence of family school,this paper analyzes the environmental dilemma of family school in China.The fourth part elaborates the solutions one by one according to the difficulties in the third part.In terms of legislation,we need to improve the legal system of minors so that there is a special legal basis for correction work;in terms of justice,we need to improve the relevant professional institutions,train professional talents,distinguish "crime" from "mistake",separate from the adult judicial system,improve the hierarchical treatment mechanism,and promote the construction of supporting facilities;in terms of social tracking and assistance,we need to strengthen the supervision of all aspects of society In terms of school and family,we should investigate the lack of responsibility and provide a good living and learning atmosphere for the correction of delinquent minors.It is urgent to effectively protect the interests of minors,especially those who are guilty or wronged.Grasp the national conditions,improve the juvenile justice system,and provide comprehensive,multi-level and three-dimensional protection for the youth.