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The Status Quo And Improvement Of The Implementation Of The Law On Prevention Of Juvenile Delinquency

Posted on:2020-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y FanFull Text:PDF
GTID:2416330623953938Subject:Public Security Law
Abstract/Summary:PDF Full Text Request
The juvenile is strong and the country is strong.As the future and hope of the country,the healthy growth of minors is conducive to the stability of the family and to the development of society.Therefore,all countries in the world are aware of the extreme importance of protecting the rights of minors and preventing crimes committed by minors.Through legislation,the prevention of minors and the prevention of juvenile delinquency have become more scientific,standardized and ruled by law,and a relatively complete legal system for the protection of minors has gradually formed.At the end of the twentieth century,China promulgated the Law on the Prevention of Juvenile Delinquency,which focuses on the legal protection of minors and the early prevention of juvenile delinquency.On the basis of adhering to the principle of comprehensive management of juvenile delinquency,it emphasizes the basic principles of “education-based and punishment-assisted”,forms a new idea of preventing juvenile delinquency with Chinese characteristics,and creates a scientifically effective minor.The new pattern of early crime prevention has created a new situation in China to prevent juvenile delinquency.However,with the rapid development of the economy and society,the social environment is more complicated,the security situation is more intense and turbulent,and the environmental conditions for the growth of minors have undergone great changes,leading to an increase in the incentives for minors to embark on the road to illegal crime.There are many new contradictions and problems encountered in the prevention of juvenile delinquency.In this social context,how to better educate and protect minors,effectively prevent juvenile delinquency,and protect the healthy growth of minors has not only attracted the attention of families and society,but also the country's unshirkable responsibility.With the strengthening of the socialist rule of law in China,the significance and role of using legal weapons to prevent juvenile delinquency has been widely recognized by society.China's implementation of the Law on the Prevention of Juvenile Delinquency has achieved remarkable results for many years,but it is undeniable that compared with the situation when the Law on the Prevention of Juvenile Delinquency was enacted,the society has undergone great changes and induced the causes and conditions of juvenile delinquency are not exactly the same.There should be a legal response to the new situation of juvenile delinquency;especially the "Prevention of Juvenile Crimes Act" in China has some difficulties in its practice.The difficulties in implementation have revealed the imperfections of the existing laws,and it is urgent to amend and improve the existing laws.While the society strongly calls for the revision and improvement of the Law on the Prevention of Juvenile Delinquency,the construction of the socialist rule of law in China is also constantly advancing,which has given us a new understanding and experience in the legislative work to prevent juvenile delinquency.All of these provide opportunities and possibilities for the revision and improvement of the law.Based on the reasons for all aspects,we should make major revisions and improvements to the existing Law on the Prevention of Juvenile Delinquency,so that it can be more adapted to the actual needs of juvenile crime prevention in the process of social development,so that this law is not Play a better role in adult crime.Based on the background of the Law on Prevention of Juvenile Delinquency,this paper introduces the basic situation,positive significance and main problems of the Law on the Prevention of Juvenile Delinquency,and demonstrates the need,importance and urgency to amend the Law on the Prevention of Juvenile Delinquency.With problem-oriented,combined with theoretical guidance,the author put forward personal revision suggestions for the more prominent problems in the Law on the Prevention of Juvenile Delinquency.This paper is divided into four parts.The first part highlights the problem-oriented approach-the Law on the Prevention of Juvenile Delinquency needs to be improved.This section describes the status of implementation of the Prevention of Juvenile Delinquency Act.Starting from the basic situation of the birth of the prevention method,the positive impact,and the problems reflected in the practice,it demonstrates the necessity of perfecting the Law on the Prevention of Juvenile Delinquency and emphasizes the revision of the Law on the Prevention of Juvenile Delinquency.Perfection is not only the meaning of the crime of preventing juvenile delinquency,but also the only way to create a new situation in juvenile crime prevention in our country,thus laying the foundation for the development of the full text.The second part emphasizes rational thinking.The improvement of the Law on the Prevention of Juvenile Delinquency must adhere to the problem orientation and seek scientific countermeasures by revealing real problems.However,solving these problems requires rational analysis of problems and scientific legislation.This section emphasizes the need to focus on the improvement process of the Law on the Prevention of Juvenile Delinquency: First,we must rationally look at the current situation of juvenile delinquency and the inadequacies in the implementation of the Prevention of Juvenile Delinquency Act.We must attach importance to the role of theory,correctly understand and apply theories of "national parental rights" and "special protection" to safeguard the legitimate rights and interests of minors,and revise the laws for preventing juvenile delinquency.Finally,we must be in socialism.On the basis of the principle of the rule of law,grasp the reference,coordination and appropriateness of the improvement of the prevention law to ensure that the revised law on the prevention of juvenile delinquency can achieve the desired results.The third part puts forward the perfect proposal-the revision of the Law on the Prevention of Juvenile Delinquency requires the right medicine.According to the problem orientation,the five major points of improvement are formed.This part is divided into five sections: “Renovation of Family Guardianship”,“Reform of Specialized Education”,“Implementation of Legal Responsibility”,“Definition of Bad Behavior” and “Cultivation of Professional Qualities”.Based on relevant domestic and international experience and practices,it puts forward specific suggestions for improving the Law on Prevention of Juvenile Delinquency.The fourth part is the conclusion.This paper summarizes the views on the improvement of the Law on the Prevention of juvenile delinquency and looks forward to the future construction of the rule of law for the Prevention of juvenile delinquency.
Keywords/Search Tags:Minor, Crime prevention, Legal modification
PDF Full Text Request
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