Research On The Juvenile Diversion System In China

Juvenile diversion is an important part of the juvenile justice system.The design mechanism of the juvenile diversion system is to divert the juvenile from the criminal justice process,and correct the juvenile's behavior through educational measures.Juvenile diversion can minimize the negative effect of judicial intervention and weaken the label effect.Educational measures can make juvenile realize the harm that their wrong behavior has caused to others and society,so that they can make a change from the heart and successfully complete the process of socialization.Although there are many discussions on the juvenile diversion system in academia and some explorations in practice,compared with the increasingly perfect juvenile diversion system in abroad,China's research on this system needs to be improved.This thesis can be divided into three parts:The first chapter expounds the concept of juvenile diversion system transition from two perspectives of the broad sense and the narrow sense respectively,and systematically introduces the origin and development of the system.Through the discussion of parent patriae,labeling theory,restorative justice,and the principle of opportunity,we can provide theoretical support for juvenile diversion system.Starting from the practical significance of the juvenile diversion system,this article discusses the necessity and rationality of the localization of the system.The second chapter introduces the development status of China's juvenile diversion system from two aspects of legal provisions and judicial practice,and analyzes the difficulties encountered by the system in the development process.To be problem-oriented,to promote the improvement of the juvenile diversion system inChina.At present,the legal provisions of China's juvenile diversion system are imperfect.The scope of application is narrow,and the police have not been able to carry out diversion activities in time during the investigation stage.The diversion system based on conditional non-prosecution encountered difficulties and restrictions in practice.Imperfect social investigation system affects the scientific and fairness of diversion.Inadequate treatment measures are difficult to make targeted educational corrections for juvenile.The problem of diversion of foreigners has also become a new challenge in the development of the system.In the context of an independent juvenile justice system that has not yet been established,it is difficult to establish a systematic juvenile diversion system.The third chapter compares the juvenile diversion system in the United States,Britain,Germany,Japan and other countries,sums up the successful experience,and provides a reference for the improvement of China's juvenile diversion system.Abroad,the police are given discretionary power to diversion.Conditional non-prosecution is a common method of diversion.Social investigation is a necessary pre-procedure for the juvenile diversion system.The treatment measures after the diversion effectively connected to truly achieve the purpose of educational correction.To improve our juvenile diversion system,we can make efforts from the following aspects: First of all,it should be clear who is suitable for judicial transfer.Second,it is necessary to broaden the scope of application of diversion,moderately expand the discretion of public,and further improve the conditional non-prosecution system.Third,social investigation is indispensable as a necessary pre-procedure for diversion.Finally,strengthen and improve treatment measures to better achieve the goal of educational correction.