A Study On The Juvenile House And Rehabilitate System's Applicable Conditions In China

As an important part of the correction system for the prevention of juvenile delinquency,the house and rehabilitate system is based on Article 17(4)of the Criminal Law of China.People take appropriate compulsory education and correction measures,isolate social dangers,maintain social order,and strive to help them correct their behaviors and return to society.This is a security measure.However,due to the lack of relevant research and refined design in terms of clear nature,legal positioning,substantive and procedural norms,the system has been criticized to a certain extent in protecting the legal rights and interests of minors,and it has also shown marginalization problem in judicial practice.Long before the law on the prevention of juvenile delinquency(Revised Draft)deleted the content of asylum and upbringing,there was already a debate about the existence and abolition of the system in the academic world.The minors have not fully reached the level of adults at the physical and psychological level.Whether from the perspective of preventing minor crimes or the psychological,physiological and sociological aspects related to them,this group of people deserves special social care and attend,and corresponding treatment measures should be different from adults.As a last-minute barrier for the protection of minors,the system of minors' upbringing can provide a space that is relatively isolated from adult criminals for the correction of severely illegal minors,and it can also isolate the society that such minors may Dangerous.As a treatment measure for juveniles who commit serious crimes,the correctional system can not only actively respond to public opinion and repair the damaged social order,but also protect such juvenile groups by adopting differentiated and individualized measures.Education and correction to help them reintegrate into normal society,optimize the effect of correction and prevent their recidivism.Although the current design of the correctional system is relatively rough,in general,its role cannot be replaced by other minor treatment systems,and furtherimprovement from the theoretical and procedural levels can play a huge role.As a result,the system should not be abolished,but it should be improved through persistence.This article intends to carry out theoretical and institutional research on the system of minors' house and rehabilitate in China,adopt research methods such as literature analysis,comparative analysis,and empirical analysis,and combine the relevant experience of foreign countries and other regions in the prevention and treatment of serious illegal minors.Based on the actual situation in China,we should clarify the nature and legal positioning of the house and rehabilitate system,and extend and improve the applicable conditions of the house and rehabilitate system in China.It is hoped that the system for the house and rehabilitate system of minors will be improved,the gaps in the treatment of minors who have committed quasi-criminal acts will be filled,and a system for the treatment of minors by grade will be established.The full text is discussed in the following five parts:The first part is the introduction.The introduction mainly introduces the research background of the topic selection,innovations and research significance,the current theory of the accommodation system and the applicable conditions and norms,and clarifies the research methods used.The second part,this part mainly explains the current situation of the system of house and rehabilitate.Mainly through empirical research and analysis of current laws and regulations,the physical and procedural problems existing in the custody system are summarized,as well as the difficulties encountered in the actual implementation of the custody system.The current marginalized position of the system of custody and education leads to the controversy over its existence,thus establishing the basic position that the system of custody and education should be improved in the insistence.The third part,the content of this part mainly includes the nature research and legal positioning of the institution.First of all,according to the different views of the academic community on the nature of the system,the establishment of security measures is more in line with the purpose and implementation of the system.Secondly,by defining the nature of the house and rehabilitate system and establishing the legal positioning of the system,it is an important part of the hierarchical treatment of minors.It exists independently of the penalties and the "Prevention of Minor Crimes Law(Revised Draft)" system.Therefore,the corresponding theoretical foundation is laid for the improvement of the system of the house and rehabilitate system.The fourth part,this part is the substantive applicable conditions of the admissionsystem.This section combines the existing research results inside and outside the region,and constructs and perfects the substantive applicable conditions of the house and rehabilitate system from the object identity,social danger conditions,and other restrictive conditions.The fifth part,this part is the conditions for the application of the correctional procedure.It aims to make reference to the procedural norms related to the implementation of changes in penalties and the recently adopted Community Correction Law,and to make the judicialization of the house and rehabilitate decision process fair through detailed investigation and application procedures,clarification of neutral ruling organs,and addition of relevant relief systems.In the end,the purpose of constructing a scientific and standardized system for the house and rehabilitate of children is to ensure that differentiated and diversified correction methods are fully reflected in the implementation of the system,and to improve the effect of education and correction,so as to fundamentally prevent minors from taking the road to crime again.