A Study On Intervention Measures Of Young Minors

In recent years,the serious social hazards of young minors in China have been exposed,and how to deal with these young minors in conflict with the law has aroused heated discussion."Young minor" refers to a minor under the age of 14."breach of the law" refers to an act that is not regarded as a crime because the perpetrator has not reached the age of criminal responsibility and is not punished.For a long time,our country has been carrying out the policy of education,probation and rescue for juvenile delinquency.However,with the development of economy and society,there have been new changes in the phenomenon of juvenile delinquency in our country,which gradually presents the characteristics of youth,adulthood and violence,and some extremely malignant cases occur from time to time.Although many minors in conflict with the law have committed criminal acts,they are not punished by criminal law because they have the umbrella of age.More and more people are calling for injustice,and there are more and more calls for lowering the age of criminal responsibility for minors,and the revision of relevant legislation has also been put on the agenda.Different from the establishment of a special juvenile justice system in foreign countries to prevent and intervene minors in conflict with the law,the prevention and intervention of minors in violation of the law is still attached to the adult legislation and judicial system as a whole.The intervention of law-breaking behavior has not formed an independent mechanism and system,but "dismembered" in the Law on punishment of Public Security Administration,the Criminal Law and the relevant administrative regulations such as work-study education,reception and education,and so on.At present,there are three kinds of intervention measures for young minors in conflict with the law: parentsundefined strict discipline,work-study education and government reception and upbringing,but these measures are not perfect in practice,and there are also many problems in the concrete operation.The juvenile justice system outside the country has been developing for a long time.Most of the common law countries usethe juvenile justice system from the perspective of national parental authority to intervene the young minors in conflict with the law,and the civil law countries make more use of the theory of educational punishment to educate and correct the young minors in conflict with the law,among which there are many useful experiences worthy of our reference.In the "2018-2022 Procuratorial Reform Work Plan" released by the Supreme People's Procuratorate on February 12,2019,it was proposed to "explorate the establishment of a system of critical education,family education,graded treatment and protection and punishment for minors who commit crimes".In the judicial environment of our country,minors who violate the law are originally a kind of minors who commit crimes.In the face of the lack of judicial intervention in cases of juvenile minors who violate the law,we must first clarify the concept of juvenile crime represented by violations of the law.Under the guidance of the concept of "tolerance without indulgence",try to build an intervention system for underage minors to break the law,and build a bridge between "unpunished" and "punishment" of minors to achieve education and probation.3.The ultimate goal of salvation.