Research On The Functional Orientation And Correction Mode Of Special Correction Education For Minors

The 11th Amendment to Criminal Law and the revised law on the Prevention of Juvenile Delinquency have abolished the custody rehabilitation and replace it with a special correction and education system.This is due to in the face of the new forms and characteristics of juvenile correctional education work,as well as the continuous improvement and progress of the concept of juvenile correction system,the internal logical disadvantages of the reception education system are becoming increasingly prominent,which cannot meet the needs of juvenile correction.The change from"custody rehabilitation " to " specialized correctional education " is not a word game of"putting new wine into old bottles " has a deep theoretical foundation behind it.In essence,it reflects the concept transformation of correction education for delinquent minors from correctional correction to restorative education.The establishment of special correction education is an inevitable trend following the principle of "primarily education and secondarily penalty" and the concept of educational treatment.It is an inevitable choice to effectively correct minors who have committed misconduct behaviors.However,at present,11th Amendment to Criminal Law and the Prevention of Juvenile Delinquency Law only make principled provisions on the system.The functional orientation and correction mode of the specialized correctional education have not been designed and regulated,which is in a state to be activated.Taking the opportunity of the amendment of the two laws to clarify the functional orientation and correction mode of special correction education is the key to reactivate the system.In the first place,as far as the functional orientation is concerned,special correction education system not only has a single function but should undertake the triple compound functional orientation of protection,education and correction.Firstly,to realize the core function orientation of the welfare protection of minors,through the inclined protection of the general rights and special rights of minors who have committed misconduct behaviors,and run the concept of welfare through the whole process of education and treatment,so as to highlight the protection of the rights and interests of minors.Secondly,to realize the function orientation of compound education,by ensuring the continuation of the general academic education of delinquent minors,providing targeted judicial education,and implementing the concept of individualized treatment,so as to realize the compound education orientation of the combination of general education and judicial education;Third,realize the orientation of personal correction function,take the correction of personal danger as the purpose,take the flexible punishment of minors as the means,give full play to their correction function and shape their sense of responsibility,so as to help them effectively integrate into and return to society.Thirdly,realize the orientation of personal correction function.For the purpose of correcting personal danger and by means of flexible punishment to minors,give full play to their correction function and shape their sense of responsibility,so as to help them effectively integrate into and return to society.Secondly,Based on the scientific function orientation of the system,through analysis that the welfare standard model has more protection but poor correction effect,the management standard model has strong accountability but difficult to return and integrate into society,while the diversion standard model adheres to the characteristics of individualization but lack of control.Eliminates the weeds and retains the turnip,to establish a socialized correction model with the combination of pre punishment and punishment with the goal of deviant prevention suitable for China’s national conditions and the bottom line of punishment and supervision,and establishes a socialized correction model of pre punishment combination suitable for China’s national conditions.Specifically,on the one hand,establish socialized correction aiming at deviant prevention,and realize the prevention of recidivism in the sense of special prevention by perfecting the intervention management and evaluation mechanism of judicial organs,the mechanism of school guiding parental education,the welfare support mechanism of the government,and the social participation mechanism of social intervention and assistance;On the other hand,establish a socialized correction model with disciplinary supervision as the bottom line,integrate the participation of all forces in the society,form a hierarchical and classified supervision,social co-management and co-education pattern,take the road of open correction,replace punishment with flexible punishment,and deal with minors who have committed misconduct behaviors in a hierarchical and classified manner according to their personal and social hazards,so as to shape their sense of responsibility and enhance their ability to bear responsibility.Finally,In terms of the specific improvement path of the system,aiming at the existing problems of the special correction education system,we should promote the institutionalization,judicature and socialization reform of the special correction education respectively.Firstly,we should promote the institutionalization reform focusing on the formulation of classified applicable standards and the improvement of legislation;Secondly,judicial reform focusing on the construction of judicial decision procedure and review and evaluation procedure;Thirdly,the socialization reform,which focuses on designing diversified treatment measures,shapes the operation mechanism of special correction education for minors from three aspects.