The specialized education system of our country originated from the Beijing Work-study School established in 1955.It is a protection measure system with Chinese characteristics.It is a protective measure with Chinese characteristics.In the course of more than 60 years of development,specialized education has experienced glories and troughs,and now it has ushered in an important period of transformation.With the great attention of the party and the state,the revised draft of the "Two Laws" for minors has been passed in the second half of 2020.The Law of the Prevention of Juvenile Delinquency redefines serious misbehaviors and introduces nine transitional educational corrective measures for police agency.Clarify the legal position of protective measure of specialized education,and adopt the compulsory and voluntary methods to transfer students.These changes will undoubtedly activate the specialized education program and make it the last and most critical link in the system of non-criminal sanctions for minors.When looking forward to the bright future of specialized education,we should also keep a clear understanding of it.This legislative revision reflects the great importance my country attaches to minors,but it also exposes our lack of understanding of the basic concepts and basic systems of juvenile justice.There is still room for improvement in the classification of serious misbehaviors,the construction of specialized institutions,and judicial reforms.In addition,specialized education practices in many places are still suffering from "livelihoods",and abnormal developments have occurred.Therefore,there is still a long way to go for the specialized education system to become the protection measure.This article focuses on realizing the transformation of specialized education to protection measure,and finds the direction of system construction through combing and reflecting on the legislation and practice of my country’s specialized education system.At the same time,on the basis of learning from countries and regions outside the mainland,explore how to establish a specialized education system in juvenile justice.The specific structure and content include the following points:The first part is the introduction,which mainly introduces the background and research summary of the specialized education system in juvenile justice.The second part is an overview of the system.On the basis of the definition of the concept,discuss the necessity of constructing a specialized education system in the juvenile justice system.Then,it provides theoretical support for the development of this specialized education system through the perspectives of theory of educative punishment,label theory and control theory.The third part is the status quo of development,which mainly discusses the current legislative and practical development of my country’s specialized education system.Through combing through the revision process of specialized education related laws,analyzing its significance to the development of specialized education system,and introducing the content of specialized education systems in Beijing H District,Jiangsu Province N City and Guangdong Province D City.These areas use judicial resources Enrichment and development of specialized education systems,such as detailed admission procedures,but there are also problems such as unclear positioning and inconsistent admission standards.The fourth part is the problem analysis.Relying on the current status of legislation and practice,it analyzes the controversial issues in the process of legal revision,and sorts out the real dilemmas that restrict the development of specialized education,and provide a fulcrum for the next system constructionThe fifth part is to learn from foreign experience.In view of the fact that professional education systems in other regions are very different from China in practice,it is difficult to learn directly from them.Through the analysis of "specialized education practices" in Germany,the United States,Japan,Britain and other countries and China’s Hong Kong,the experience of protection priority and individual treatment can be summarized for the reference of our country’s specialized education system.The sixth part is the perfection of the system.This part is based on the legal positioning of the protection measure,trying to propose a plan for the construction of a specialized education system.Specifically,the framework of the specialized education system is established through specialized institutions,procedures,powers,and personnel.In addition,through the improvement of the supporting norms of the specialized education system,school construction,hierarchical intervention and specific corrective measures,the specialized education system in juvenile justice shall be comprehensively constructed. |