Improvement Of The System Of Specialized Schools For Juvenile Delinquency

In recent years,the bad influence of vicious cases of young minors has spread widely,and the new reason of juvenile crimes have emerged.After such cases have occurred,the public’s voice for lowering the age of criminal responsibility is very high.The reason is that people think more stricter law means resolve well.The group generally believes that strict laws can bring strong deterrence.However,the role of laws is limited.Realistic experience tells us that severe law may achieve effects in a short period of time.In the long run,it is easy to rebound.It is understandable that any solution that wants to solve the problem once is lazy and lacking,and change will not be a"bang".It should be a long-term mechanism to improve the problem of juvenile delinquency.We have exactly the answer.Our country’s Law on the Protection of Minors and Law on the Prevention of Juvenile Delinquency clearly stipulate the policy of "education,probation,and rescue",and adhere to the principle of "education first,punishment second".Juvenile delinquency should be based on the educational policy,emphasizing a non-penalization.In other words,under the premise of limited punishment and correction,implement a correction mode that combines education as the mainstay and punishment as a supplement.We should give full play to the role of education and correction to reduce the probability of criminals committing crimes and the recidivism rate of criminals.We can enable the offending minors to re-obey the law and integrate into society.In response to this,the Law on the Prevention of Juvenile Delinquency amended in 2020 completely deletes the contents of the original Article 38 and replaces the relevant regulations of work-study schools with“specialized schools".Specialized schools are a re-exploration of existing models.It is a place for education and correction of minors with serious bad behaviors.It is a part of the national education system in nature,and it is also an important protective measure for the education and correction of criminal minors.In recent years,with the abolition of re-education through labor,custody and education,and the decline of work-study education,specialized schools have shown an upward trend.Historically speaking,vocational schools sprouted on the basis of work-study education.Therefore,specialized schools in this period had many system defects,such as unclear nature,inadequate admission procedures,regional imbalances and cross-infection among students.To solve the problem of perfecting education and correction measures in specialized schools,it is necessary to clarify the theoretical basis for the education and correction of criminal minors.The criminal empirical school promotes the independence of minors from the adult criminal law system.The national paternity theory adheres to the basic concept of juvenile protection,while avoiding the negative influence of the criminal empirical school theory.In terms of rules,the 1959 Declaration of the Rights of the Child established the principle of the best interests of the child.All state agencies and agencies are required to consider the best interests of the child when dealing with criminal minors.For our country,it is necessary to adhere to the dominant position of "education",use "punishment" as an auxiliary means to achieve "education",realize the benign coordination of "education"and "punishment".On this basis,to perfect our country’s specialized school system.Firstly,we must establish the legal principles of the specialized school system basic guidelines of relevant laws.Secondly,improve the formulation of relevant laws and regulations of specialized education,clarify the recipients of specialized schools,treat students in different grades,improve the enrollment and transfer mechanism of specialized schools,initiate parental responsibility and follow-up protection to realize the standardization of specialized schools.It is hoped that the revision of the two laws can be used as an opportunity to improve the construction of the education and correction system for minors who have committed crimes.And promote the process of legalization of minor protection.