| Juvenile delinquency has always been a hot and important topic in today's society.It is the wish of the whole society for juvenile delinquents to return to the society and not commit crimes again.However,it is not enough for a single judicial branch to impose the punishment of imprisonment,that is,to send the minors to the place of detention for education and reform,which has been proved in the long-term judicial practice of western countries.Since then,with the deepening of the thought of education punishment,the protection of the rights of minors involved in crime,the use of non-institutional methods to improve the education of minors involved in crime,has become an effective way to prevent the juvenile delinquency.Criminologists in various countries began to explore the causes of juvenile delinquency and the effective methods to control juvenile delinquency from the perspectives of sociology,pedagogy,psychology,criminal law,etc.,and the concept and protection system came into being.On the one hand,the juvenile delinquent can be educated and punished;on the other hand,the negative effects of cross-infection can be avoided.A relatively complete system of observation and protection has been established in the United Kingdom,the United States,Germany and other countries.China's Hong Kong and Taiwan regions have explored and established an appropriate system of observation and protection after continuous reference and learning.In 2012 of the criminal procedure law in our country were modified,and established the processing involved crime cases of minors in "education reform is given priority to,punishment is complementary" basic principles,at the same time,also increased the attached conditions not to prosecute,social investigation and minor crime records sealed system,such as content,for our country to explore and establish the related crime concept of minors protection system provides a legal basis.Since then,Beijing,Shanghai and other places began to explore and try the system of juvenile observation and care for offenders.Although some achievements have been made in practice,there are still some drawbacks and problems such as disordered observation and care subjects and lack of legal basis.In October 2019,"the minor protection law(revised draft)" and "the prevention of juvenile delinquency(revised draft)for public opinion,although the draft still has a lot of controversy,need to further improve and modify,but" the minor protection law(revised draft)"to enjoy the rights of minors,the basic principles of protection of minors and the protection of minors andthe main responsibility of the made specific provision.The prevention of juvenile delinquency(revised draft)is put forward to implement classification prevention,refined education and correcting measures,to clarify the minors and the families,schools,government,the judicial organs,such as community their prevention responsibilities,to further improve the juvenile judicial system in our country,the construction of a new era of juvenile legal system,to promote the establishment of related concept of crime minors protection system provides an important reference and guidance.Through documentary research method,comparative study method and empirical research method,this paper sorts out the theoretical and practical aspects of the system,summarizes the relevant problems,and puts forward improvement proposals aiming at these existing problems.Meanwhile,combining with the judicial practice in mainland China,it provides a model and reference for the construction of the juvenile observation system.The specific structure includes the following aspects:The first part is the overview of the system of juvenile observation and care.This paper mainly reviews the development of juvenile delinquency observation and care system,and then introduces the concept and basic model of juvenile delinquency observation and care system by discussing the concept of juvenile delinquency observation and care system.The second part is the theoretical basis of the juvenile observation system.This paper mainly studies the theory of criminal policy,the theory of correction and the principle of maximization of children's benefit.The third part is to analyze the contents of the system of juvenile observation and protection for extraterritorial crimes.Taking Britain,the United States,Japan,Taiwan and other representative countries and regions for example,this paper introduces the contents and operation mechanism of the juvenile observation and care system for delinquent minors outside the region and in Taiwan of China.The fourth part is the practical exploration and dilemma of the social value system of delinquent minors in China.First of all to practice situation involving crime concept of minors protection system in China were discussed,such as Shenzhen,Foshan,Ganzhou city as an example to introduces the concept of the content of the protection system,these regions through the view of the base construction,the participation of social force,enriched and developed the related crime concept of minors protection system in our country,but also there is a lack of legalsystem of protecting system,view protect object has limitations as well as the view to protect the main body function is not clear.The fifth part is the consummation of the supervision system of juvenile delinquent in our country.This part mainly puts forward the relevant Suggestions and measures for the dilemma of juvenile delinquency supervision system in China,and tries to build a relatively systematic juvenile delinquency supervision system.Supported by the establishment of observation and care institutions for delinquent minors,the multi-pronged observation and care team of the judicial system,relevant functional departments,professional social workers and other social forces is the main force,and the observation and care process at different stages is the guarantee to comprehensively construct the observation and care system for delinquent minors that is suitable for China's judicial practice. |
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