On The Contradiction Between Protection And Punishment In The Judicial Treatment Of Minors

Juvenile delinquency has always been the focus of social attention,and also the difficult point in judicial treatment.On the one hand,the development of juveniles’ mental and personality is not mature enough,so they can not be severly criticized according to the requirements of adult crime.However,the possibility of improving the education of juveniles will be high,and the protection and education of juveniles will be more conducive to their healthy growth.On the other hand,in order to protect the physical and mental health of minors,cultivate good behavior habits,correct bad behaviors,and deal with illegal acts involving minors,there should also be matching measures of severe sanctions.Therefore,we need study how to balance the contradiction between protection and punishment.Starting with the contradiction between protection and punishment in the judicial treatment of minors,this paper analyzes the juvenile bad behavior,discusses the realistic contradiction between protection and punishment,puts forward ideas from many aspects to ease the contradiction between protection and punishment by learning from Japan’s Juvenile Law.Based on the most beneficial principle to minor and sthe logic of the specific link of juvenile delinquency,combines with the education protection of minors from family,school and social network and other aspects,emphasizes the feeling of the injured minors,attaches importance to the social investigation system,and discusses the contradiction between the protection and punishment of minors with bad behaviors.It is hoped that the contradiction between protection and punishment will be relatively balanced when the juvenile judicial system id sound.This paper mainly introduces the background and significance of the topic selection,and puts forward the topic selection through the analysis and comparison of the research situation at home and abroad,the author puts forward its own research ideas.The first chapter summarizes the general characteristics of juvenile delinquency from typical cases and statements,and analyzes the legal basis of juvenile misconduct,explains the causes ofminor judicial problems from family,school,social network,justice and other aspects,and summed up the specific links of juvenile delinquency.The second chapter analyzes the realistic contradiction between protection and punishment of juvenile justice in our country.First,it explains the specific provisions of protection and punishment.Then,combining with theory and practice,it analyzes and discusses the contradiction between protection and punishment from three aspects:campus bullying,vicious crime of young minors and the reality that the victims are minors.The third chapter of the text mainly introduces the Japan’s Juvenile Law,and discusses the basic principles and procedures of dealing with juvenile delinquency in Japan.The procedure includes five links: case acceptance,observation and protection measures,investigation procedure,trial procedure and relevant personnel participating in trial,on the reference value of Japanese Juvenile LawThe fourth chapter of the text focuses on easing the contradiction between protection and punishment,and taking the link of the most beneficial principle to minors and intervening in minors’ bad behavior as the main logic,the author puts forward countermeasures from four aspects: the reasonable protection of minors,correction and education of minors’ bad behavior,conviction and sentencing of serious malignant behavior of young minors,specialization to specialization of minors’ judicial system.