Research On The Classified Treatment System Of Juvenile Delinquency

The system of dealing with juvenile with crime and fault is a system of carrying out a series of measures to educate and reform the juveniles.Both theoretical and practical circles agree that we should adhere to the principle of "education first" and advocate the policy of "education,influence and rescue".There is no complete and independent system of dealing with juvenile delinquency in China and the general system is scattered in various legal provisions and relevant provisions.The existing treatment system is basically divided into criminal treatment system and non-criminal treatment system.At present,the implementation circumstance is not optimistic.The criminal treatment system takes a simple "catch it" and "let it go" as the form of expression.There are many problems in the non-criminal treatment system,such as the type is single,the implementation subject is unknown and the implementation effect is not good.In recent years,with the increasing rate of juvenile delinquency,people have deepened the understanding of "general prevention" and "special prevention" in the treatment of juvenile delinquency.How to deal with juvenile delinquency and make it return to society smoothly is equally important to prevent juvenile delinquency.At present,it is difficult to carry the vision of education?probation and saving minors without a transformative?systematic and hierarchical treatment system.It is urgent to establish an integrated and systematic treatment system.In February 2019,the Supreme People's Procuratorate issued the work plan for procuratorial reform in 2018-2022 in response to the task of judicial system reform deployed by the 18 th and 19 th National Congress of the Communist Party of China,in which it pointed out that "it is necessary to explore the establishment of critical prevention,family education,hierarchical treatment and protective measures for minors with criminal mistakes." The four measures in this system are mutually inclusive,especially the hierarchical treatment system can take the other three as a part of the sub project to form the hierarchical treatment system.At the same time,it also provides the system support for the construction of the system of grading treatment of the guilty and wrong minors.China has not established an independent juvenile criminal law,but continuous improvement of the law on the prevention of juvenile delinquency will reflect the meaning of juvenile criminal law.It is an important content of juvenile criminal law that the system of classification and treatment of delinquent minors is directly related to the protection of the legitimate rights and interests of minors;whether delinquent minors can correct their bad habits and successfully return to society through education,correction and other means;whether they can balance social interests and other important issues.The basis of the system of classifying and dealing with juvenile delinquency lies in the subject delineation.The division of "bad behavior","serious bad behavior" and "criminal behavior" in the existing legal system provides legal support for a more detailed division of the subject hierarchy.By combing the current legal system and its spiritual connotation provides a logical premise for the concept of "protection and punishment coexist,protection first" which are the results of the discussion of directional deviation between the weak and weak for the surplus of protection and punish the weak for the deficiency of protection.Interdisciplinary disciplines such as psychology and pedagogy provide a scientific basis for the rationality of the design of specific measures in the system of classification and treatment of minors.The two levels of punishment and non-punishment go hand in hand,and the two levels of punishment and non-punishment go hand in hand;the classification of minors The hierarchy and link of treatment system provide scientific methodology.