| In recent years,the juvenile delinquency rate has been on the rise,and has become another major international social problem after drug abuse,drug trafficking and environmental pollution.How to prevent and control juvenile delinquency has aroused widespread concern all over the world.China attaches great importance to the development of minors,and has issued a series of separate laws and regulations.However,due to the weak foundation,there is no supporting laws of related systems,and the development of community correction system for minors is still at the primary stage,while Japan,which is close to China,has its own Juvenile Law,Child Welfare Law,etc.,which are juvenile delinquency treatment system stipulated detailedly and completely from the entity and procedure.Also,in practice,the unique juvenile court system and the family tribunal system are enforced to escort for its juvenile delinquency correction.In this study,the author,taking the objective status quo of China’s juvenile community correction system as a basis,the enactment of China’s community correction law as an opportunity and the legal regulation,system construction and social influence of the juvenile social treatment system in Japan as a comparison,mainly uses comparative analysis and theoretical analysis method,to reveal the difficulties in the development of community correction system for minors at present in China,and to analyze the complicated factors that restrict its development.This paper probes into the development path of juvenile community correction from different aspects of legislation perfection,the participation of main body,the construction of community system and the classified correction,with the aim of providing materials and ideas for the construction of community correction system for minors with Chinese characteristics.Based on the above situation,this paper,following the research thought from theory to practice,foreign to domestic,by understanding the concept of community correction,the basic situation and current situation of China’s juvenile community correction system,and the basic situation of Japan’s juvenile delinquency social treatment system,compared the differences in the legal basis,ideological source,system security and the status quo between the two countries and found advantages and disadvantages in China’s current community correction system for minors.The disadvantages are the research focus,and also is the part which needs the special attention.According to the data,the author finds the following.First of all,the scope of the community correction system for minors is too narrow,and the regulations on the age of minors and the types of crimes are more stringent than those in Japan,so that the number of minors that can enter the correction system is less;secondly,the main participation is not enough.The main body of community correction force in our country is the state public authority,such as People’s Court and People’s Procuratorate,but there is no special community correction institution,so it is difficult to carry out the system effectively;thirdly,there is no proper supervision on the community correction.The community correction system stipulates that People’s Procuratorates at all levels should supervise the community correction institutions at all levels,but there are no specific regulations on how to supervise them.Lastly,the social forces invovled in the community correction are less.Japan’s juvenile delinquency social treatment system has a large number of social forces involved,including associations and volunteers,who have a relatively perfect incentive system,whereas China’s laws and systems are not perfect,lack of the corresponding reward system,so that the social forces to help the community correction of minors is relatively poor.These deficiencies will limit the development of community correction system for minors in China.In response to the above problems,the author mainly solves the problems from the following several aspects.Firstly,broaden the age and type of minors who can participate in the community correction,and give full play to the power of community correction social resources.Secondly,learn from Japan’s advanced systems,mainly including the protection and observation system for juvenile delinquents and classification correction system.Thirdly,encourage the active participation of all forces.Not only should we pay attention to it from the level of state public power,improve legislation,and form a complete set of community correction systems for minors on the basis of existing laws,but we should also establish and improve the supervisory system,a multi-functional supervisory system under the responsibility of People’s Procuratorate coordinated by the judicial departments at the local levels.Fourthly,play to the strengths.On the basis of the existing community system,we should strengthen the construction of community infrastructure,increase capital investment,and gradually form a perfect community correction system for minors.Fifthly,increase the encouragement,support and guidance to the social forces.Community correction is originally an integration and utilization of social resources.Therefore,we should encourage the participation and help of various associations and volunteers in our society and allow our juvenile community correction system to achieve twice the result with half the effort. |
