Research On The Critical Prevention System Of Miscarriage Minors

The critical prevention system of juvenile delinquency is based on the specific period of the prevented object from the state of delinquency to the state of crime before the transition as the window period of prevention,and the corresponding preventive measures formulated by various functional departments of the state for the prevented object.For a long time,the prevention of juvenile delinquency in China has focused on the prevention of the recidivism of juvenile delinquency in violation of the criminal law,and the prevention of juvenile delinquency with critical risk has been biased.This problem has aroused the attention of the academia and the national legislature.On February 12,2019,the Supreme People’s Procurator ate issued the work plan of procuratorial reform for 2018-2022,which clearly stated: "we should explore the establishment of critical prevention,family education,hierarchical treatment and protective punishment system for juvenile delinquency." On March 1,2021,the criminal law amendment(11)came into effect.On June 1,2021,the newly revised law on the protection of minors and the law on the prevention of juvenile delinquency will come into force.In the newly revised general provisions of the law on the prevention of juvenile delinquency,it is clearly stipulated that the prevention of juvenile delinquency should be based on the combination of education and protection of minors,adhere to the principle of prevention first,intervene in advance,and timely carry out hierarchical prevention,intervention and correction of juvenile delinquency and serious delinquencyThe establishment of the concept of "prevention first,intervention in advance" marks that China’s critical prevention system has entered an era of law.This paper sorts out the contents of the above three laws and other laws and administrative regulations related to the critical prevention of juvenile delinquency.Taking the prevention subject,prevention object and prevention measures in the critical prevention system of juvenile delinquency as clues,this paper analyzes the existing legal provisions and practice in China,compares the advanced experience of foreign critical prevention,and combs the critical prevention system of juvenile delinquency in China The main problems are: there are many prevention subjects,no leading organization,unscientific division of prevention objects,lack of standardization of preventive measures,and imperfect supporting mechanism of critical prevention.First of all,through the analysis of the legal status of China’s procuratorial organs,in view of the problem that there are too many subjects in the critical prevention system of juvenile delinquency and there is no leading body,it is proposed that the procuratorial organs should be the leading body of the critical prevention system of juvenile delinquency.Secondly,in view of the fact that the critical prevention object is not scientifically classified in practice,and the problem of preventing the problem should not be prevented,it is suggested that the relative non prosecution juvenile delinquency suspect should be temporarily classified into the critical prevention object according to the actual situation,and sorry to be drawn out after the legislation or practice is perfect.In addition,in order to prevent the unlimited expansion of national parental power in the critical prevention system for delinquent minors,this paper attempts to limit the implementation of critical prevention measures,so as to prevent the violation of human rights of delinquent minors.Finally,the author puts forward his own ideas about the critical prevention effect evaluation mechanism and the critical prevention file elimination mechanism closely related to the critical prevention system of delinquent minors,in order to achieve the goal of critical prevention of delinquent minors and protect the legitimate rights and interests of minors in an all-round way.