| Nowadays,the phenomenon of juvenile delinquency is very serious all over the world.How to deal with misguided minors in order to help them reform and help countries control crime has aroused widespread concern in the global legal community.At the same time,the situation of juvenile delinquency in China is not optimistic,which affects social harmony and the future of the motherland.In recent years,the social news that minors commit serious violent crimes but can only educate them because they are under the age of criminal responsibility appears frequently in the major media.Some crimes are very bad,the people are filled with righteous indignation,and the voice of calling for reducing the age of criminal responsibility is endless.But if there is a 12-year-old murderer today,the responsible age goes to 12 years old.What about a 10-year-old murderer tomorrow? Obviously,reducing the age of criminal responsibility is useless,and the most important thing for minors is education and protection.Based on this,at the beginning of 2019,the highest level inspection began to explore the hierarchical construction of the treatment system for minors,hoping to be tolerant but not indulgent.In order to study this problem,this paper will be divided into four parts to explore how to deal with juvenile delinquency in different levels.The first chapter of this paper defines and classifies the juvenile delinquency from the perspective of broad crime,according to the current legislation,and analyzes and classifies the classification based on the historical origin and corresponding standards;discusses the necessity of establishing the classification system of the juvenile delinquency from the perspective of the situation of the delinquency and the existing legislation;and depending on the theoretical basis,social experience and social support to discuss the feasibility of establishing the system of dealing with juvenile delinquency at different levels.The second chapter,based on the perspective of comparative law,makes a comparative study of four representative countries of common law system and civil law system.This paper investigates the detention judgment,community judgment in England,institutional treatment with characteristics and non institutional treatment based on community in America,educational punishment,disciplinary punishment,juvenile punishment in Germany,different severe juvenile welfare institutions in Japan.Through comparative study,it finds out the shortcomings and valuable experience to be used for reference.In the third chapter,the author introduces the four existing treatment measures in our country,and points out several specific problems of detention,work school,community correction and imprisonmen.The fourth chapter will explore the establishment of the system of dealing with juvenile delinquency at different levels.First of all,improve the existing classification and treatment,;then add three measures to supplement the existing classification and treatment,;then try to classify the crime and wrong behavior and match the corresponding treatment measures by personal danger and social harmfulnesson on the basis of five basic principles;finally,it is suggested to provide supporting measures for the grading treatment system of delinquent minors from the aspects of enacting laws and regulations,strengthening department connection and strengthening social support.There should be mature and layered treatment measures for the treatment of delinquent minors at different levels,covering minors who commit simple bad identity behaviors to serious criminal behaviors.No matter what kind of misconduct minors have,they should not be helpless.They need to apply the targeted treatment measures of priority protection and education punishment. |
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