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Classification And Intervention Of Juvenile Delinquency

Posted on:2021-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2416330647454137Subject:Public Security Law
Abstract/Summary:PDF Full Text Request
In recent years,the media's repeated cases of juvenile minors 'crimes ha ve in fact exposed China's plight in interfering with the juvenile's wrongdoi ngs,such as narrow scope of interventions;ordering strict discipline,sending to specialized schools,and receiving and educating them.Poor;intervention measures have obvious penalties.Although the Law on the Prevention of Juvenile Delinquency announced this time clarifies the scope of the minor's wrongdoing to a certain extent,it still has gaps in the intervention and needs to be improved urgently.In order to get rid of these predicaments,it is on the agenda to find a way out for the intervention of the minors' wrongdoing in China.From a theoretical point of view,minors have special characteristics in committing wrongful acts,including the particularity of physical and mental development and the particularity of behavioral laws.Mind physically and mentally,there are obvious differences between minors and adults,physiologically such as cerebral cortex,emotional processing mechanism,hormones,etc.,psychologically such as sensitivity to peer influence,attitude to risk and future,self-manag ement ability,etc.Behaviorally,minors have progressiveness,curability,and label sensitivity.From the experience of exploring the wrong behavior of minors in countries outside the region,the phenomenon of "advance and extension" appears in the intervention of wrong behavior,with the focus on critical preventi on and recidivism prevention,and establish a hierarchical intervention system of education correction and education instead of punishment.According to the particularity of minors 'minds and the experience of extraterritorial exploration,the intervention of minors' misconduct in China should focus on critical prevention and recidivism prevention,and establish a graded intervention system.Clarify the scope of intervention with the focus on critical prevention and recidivism prevention,and remove the content of general prevention from the Law on the Prevention of Juvenile Delinquency.Minor misconduct can be divided into bad behavior,serious bad behavior,torture and criminal behavior.Adverse behaviors should be targeted for strict guardianship,school discipline,social worker corrections and other interventions.Serious bad behaviors are mainly characterized by violations of the "People's Republic of China Public Security Management Punishment Law",and can choose to adopt social service orders,social care,sending to specialized schools and compulsory parental education.The behavior of torture is characterized by violation of the criminal law norms,but has not yet reached the age of criminal responsibility.On the basis of th e intervention measures of serious bad behavior,it is possible to reconstruct the system of admission and upbringing and introduce a malicious supplementary age system.For crimes committed by minors,it should be gradually transitioned to the implementation of intervention measures of substituting education for punishment,and included in the system of grading intervention for minors 'wrongful conduct.The revised draft of the Law on the Prevention of Juvenile Delinquency should add the chapters "Corruption Treatment" and "Corruption Treatment" chapters,and uniformly stipulate the intervention measures for torture a nd criminal behavior in the "Law on Prevention of Minor Crimes" Among the m,the establishment of agrading intervention system for minors 'wrongful conducts that replaces punishment with education and attaches importance to late-stage teaching unless there is a serious crime.To establish a comprehensive grading intervention system for juvenile wrongdoing,it is also necessary to establish a supporting mechanism for juvenile wrongdoing intervention from the perspective of general prevention.According to the social ecosystem theory,from a macroscopic system perspective,child welfare and national guardianship systems should be improved,mesoscopic systems should strengthen social support and school protection,microscopically improve family education and peer influence,and comprehensively construct minors' guilty behaviors.Supporting mechanism for hierarchical intervention.
Keywords/Search Tags:Juvenile, delinquency, grading intervention
PDF Full Text Request
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