| At present,there seems to be a certain vacuum in judicial intervention in juvenile wrongful cases in our country.For some juvenile wrongful cases,the existing legal system in our country always reflects a sense of powerlessness,and the treatment of juvenile delinquency cannot achieve good legal and social effects.In the face of such realities,we should accelerate the pace of building our country’s juvenile protection measures system,under the concept of tolerance and not indulge,mainly through education,punishment is complementary each disciplinary measures,protection of juvenile justice and build a bridge between ordinary judicial,ultimately achieve the goal of education,persuasion and save.After more than 30 years of exploration,China’s juvenile protection seems to have made some achievements.However,compared with Germany,Japan and Taiwan of China,China’ s juvenile protection system is still under the barrier of adult justice,and has not reached the true independence.With the development of social economy and politics and the increasingly serious trend of juvenile delinquency,the malpractice of this juvenile protection punishment mode is gradually beginning to appear.Based on the current situation of juvenile protection in China,this paper mainly discusses the theories and foreign laws of juvenile protection in order to help establish the juvenile protection system in China.This paper is divided into five parts,the basic framework is as follows:In the first chapter,the author expounds the research purpose and significance of this topic,introduces the research status of this topic at home and abroad,and describes the research scope and research methods of this paper.In the second chapter,the author introduces the general theory of the juvenile protection punishment system,including the connotation and principle of the juvenile protection punishment system,and the theoretical basis of the juvenile protection punishment system.In the third chapter,the author analyzes the current problems of juvenile protection in China,the main problems are:the dilemma in the concept;Legislative flaws;Lack of institutional independenceIn the fourth chapter,the author introduces the extraterritorial laws of juvenile protection system Among the countries of continental law system,the author selects Germany and Japan.In addition,the author makes a detailed introduction of juvenile law system in Taiwan,and tries to play a reference role in the construction of juvenile protection systemIn the fifth chapter,the author puts forward some Suggestions on the construction of juvenile protection punishment system in China according to the problems mentioned above. |
