Theoretical Reflection And Practical Supplement Of Juvenile Community Correction In China

Since the pilot project began in 2003,after nearly 20 years of development,the legal framework system of community correction has been basically formed,and the special provisions on the juvenile objects have also been emphasized in an independent chapter in the law of community correction.Although the community correction system pays more and more attention to the particularity of juvenile groups and makes great contributions to reducing and preventing juvenile delinquency in practice,there are still some areas need to be improved.The academic circles have not stopped calling for expanding the scope of minors’ correction objects,and constantly offer proposals for the problems of the vague legal regulations and insufficient specialization in practice.In addition,there are still some problems with the supporting mechanism,such as the no-profession of the working team,the low participation of social organizations,and the community environment can not meet the needs of correction.The fundamental reason for the existence of this series of institutional dilemma is that the theory of juvenile community correction has the problems of insufficient state parental intervention,ineffective protection of children’s interests,strong color of punishment and weak awareness of education.If we want to make up for the problems,the key lies in theoretical reflection and correction.We need to clarify the theoretical basic status of "national parental power","the best interests of the child " and "education first,punishment second".Under the guidance of basic theory,this thesis discusses how to supplement the system through practice.Since the law of community correction has been implemented for less than two years,frequent legislative changes may affect the stability and authority of the system.So,the practice supplement method is the best choice at present.When the time is ripe in the future,the system will be improved by amending legislation.First of all,in view of the scope of minors’ correction objects,we can substantially expand the scope by distinguishing between formal objects and taking into account objects,and use community correction resources to carry out education and assistance to minors with serious bad behavior and conditional non prosecution.The public security and procuratorial organs are not professional correction subjects.On the basis of ensuring that the core regulatory responsibilities will not be transferred,the community correction institutions shall undertake social investigation responsibility,the community correction auxiliary institutions shall undertake some highly professional correction work,and the community correction information system shall be used to assist in supervision and management of minors.In this way,we can improve the effect of correction and reduce the work difficulty of public security and procuratorial organs.Secondly,for the problem that the management methods and corrective measures do not consider the characteristics of minors,it can be supplemented by implementing the correction system integrating classified management and targeted correction.Starting with the social investigation and evaluation before correction,accurately judge the risk degree and correction needs of minors,which can be used as an important basis for taking targeted management means and correction projects.In addition,on the basis of considering the characteristics of minors,according to the concept of restorative justice and social control theory,we should build a trapezoidal management project system and a targeted correction project system.Finally,the supporting mechanism can be improved from three aspects: strengthening the construction of the working team,promoting the collaborative participation of social organizations,and improving the cultivation of modern community in the correction context,so as to provide a conclusive guarantee for the final correction effect.