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Localization Of The Social Support System For Juvenile Justice

Posted on:2020-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:N N YinFull Text:PDF
GTID:2416330623453945Subject:Public Security Law
Abstract/Summary:PDF Full Text Request
Under the theoretical background of decriminalization and non-custodial measures for minors who commit minor crimes,judicial diversion has become the main direction of juvenile justice development in the future.The judicial diversion system originated in the United States.The "Juvenile Justice and Juvenile Crime Prevention Law" promulgated by the United States in 1974 officially established this system,and the judicial diversion system has entered China for nearly 30 years.In June 2002,China’s first judicial diversion project for minors was officially implemented in Panlong,Yunnan,and the judicial diversion system began to take root in China.In 2012,the “conditional non-prosecution system” for juvenile delinquency was also established.This is an important breakthrough after the juvenile judicial diversion system entered China.The diversion rate of minors involved in crimes has also gradually increased.For the judicial diversion system,the ultimate goal is to bring the minor involved in the crime back to society,rather than simply diverting it out of the judicial process.Therefore,the construction of the social support system compatible with the judicial diversion is It is especially important.Divided according to the stage of judicial diversion,its social support system covers the social support system for criminal proceedings involving minors,the social support system for revisiting education and the social support system after reintegration,and the future social support system for juvenile justice.The construction should also focus on these three parts.Juvenile justice work has a natural fit with social work,and the integration of social work into juvenile justice is also a realistic need for juvenile protection.The construction of China’s juvenile justice diversion social support system based on conditional non-prosecution is still in its infancy.Although some localities have accumulated some useful experience in specific judicial practice,they are mostly limited to the specific conditions in the province and the city.And lack of systemization,it is difficult to promote it nationwide.Generally speaking,at present,the construction of the social support system for juvenile justice in China still has problems such as lack of legal norms,low social participation,limited professional level,and lack of funds.The reason is multi-faceted.The lag of theoretical development makes it difficult for juvenile justice concepts to truly penetrate into the hearts of everyone,so that the whole society can consciously participate in the protection of minors,and the legal system is not perfect,the government The absence of organizational coordination functions has also created considerable resistance to the construction of social support systems.As the birthplace of juvenile justice in China,Shanghai has been far ahead in the exploration of juvenile justice system.It has formed a general idea ofgovernment-led promotion,self-governing operation of the society and multi-party participation in the construction of juvenile justice system.,rich in reference.According to the "Shanghai Experience" in the construction of the social support system for juvenile justice,it is the foothold of this paper to provide suggestions for the construction and improvement of the social support system for juvenile justice in China.In the future,the construction of China’s juvenile judicial diversion social support system should follow the government-led and socially active ideas,focusing on the improvement of legal norms,the formation of professional social work teams and the guarantee of funds.We should maintain rational expectations for the construction of the future social support system for juvenile justice in China.
Keywords/Search Tags:Minors, judicial diversion, social support system, conditional non-prosecution
PDF Full Text Request
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