The Enlightenment Of Abstention System In American Juvenile Justice To Our Country

The dualistic juvenile justice in the United States is the main way to diversify the treatment of juveniles who have committed crimes,and to settle the re-socialization of problem young people.It has been proved in the practice of preventing and correcting derailed minors in the United States for more than a century.The foreword of this article first discusses the relationship between Juvenile Delinquent and juvenile justice,and believes that both are not only the product of social and historical development,but also have an important impact on U.S.juvenile justice at the substantive and procedural levels.An ingenious design that has been neglected for a long time,the "waiver" system is a pivotal system that connects and distinguishes the juvenile justice system from the ordinary criminal justice system and realizes the dual juvenile justice system,which is of great significance.The first part analyzes three important periods in the history of American juvenile justice.On the one hand,it is revealed that the waiver system does not exist by default,but is a product of social changes;on the other hand,only with the aid of the " waiver" system,can the American juvenile justice system achieve a balance between stability and independence Balance and at the same time play a buffer role between society and individuals.The second part explores the two major ideological motivations behind the century-old development of the juvenile justice system in the United States-"national paternity" philosophy and "conservatism"ideas-along the history of system development,trying to extract the development of the juvenile court abstention system The theoretical standards.Proposing the philosophy of "national paternity" is not entirely a "hypocritical control method" as in the past,and the long-ignored resurgence of conservatism has actually played a key role in the expansion of the American court abstention system.The third part systematically introduces the difficulties encountered by juvenile justice in our country through the enumeration and analysis of problems,to a large extent the failure to establish a trial-centered juvenile justice system,juvenile courts are fictitious,and trials cannot restrict investigations;procuratorial organs The conditional non-prosecution further emptied the court decision,which eventually led to the alienation of juvenile justice and the juvenile court existed in name only.The fourth part discusses the basic composition and actual situation of the US "court waiver" system,systematically introduces the concept and system of the "court waiver" system,and focuses on the analysis of the center of this system in the operation of the dual juvenile justice model.effect.First of all,it is precisely because the abstention system plays a role in distinguishing guilty juveniles from criminal juveniles that allows the existence of space for juvenile courts,and the dual juvenile justice can be established;second,the abstention system is,in the final analysis,a litigation system.It must also be operated under the premise of meeting legal requirements such as due process.Therefore,the legal rights of the guilty juvenile must be fully protected and respected.Finally,the waiver system also has corresponding supervision mechanisms,such as reverse waiver.The fifth part discusses the formation of dualistic juvenile courts in my country.First,we must design a reasonable range of juvenile court abstention system,and on this basis,establish an independent juvenile justice system centered on judgments.Through continuous exploration and clarification of the design concept,scope of application,procedural steps,supervision and restriction of the waiver system,we hope to provide some ideas for the establishment of dual juvenile justice in my country in the future.