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Research On Supervision-and-education System Of Conditional Non-prosecution For Floating Juveniles

Posted on:2023-10-10Degree:MasterType:Thesis
Country:ChinaCandidate:X Y MengFull Text:PDF
GTID:2556307103979789Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The crime of floating juveniles is a unique phenomenon in the social transformation period in our country,which is the malignant consequence of urban-rural dual structure.Floating juveniles refer to the minors under the age of 18 who have left their original household registration location by themselves or followed their parents or one of their parents and entered the urban area for study or work.After they enter a strange urban environment,the change of social structure results in the failure of traditional social norms,the weakness of family authority and the exclusion by mainstream culture,and there are also some realistic factors such as inadequate family education and school education,adverse influence of subculture from peers and adolescents,and impulsive psychology.All of these lead to the frequency of crimes in floating juveniles.Under the background of social transformation,the rapid socio-economic development has owed the juveniles a lot in their growth,so the criminal problem of this group should be rendered with sufficient tolerance,it is not necessary to seriously blame its criminal awareness and subjective motivation,but we should consider the social reasons behind the crime and give them special protection.For floating juveniles,in order to facilitate the smooth reintegration of juveniles into society,it is necessary to conduct targeted correction,solve life dilemma and arrange skills training for them,facilitate the smooth reintegration of juveniles into society.However,the floating juveniles do not have suitable monitoring condition or the supervision and education resources,and the procuratorial organs are more willing to make a public prosecution of the group when reviewing the prosecution,which leads to the inequality of judicial application.Even if the procuratorial organs make full use of social resources to provide the examining places that can meet the accommodation requirements for floating juveniles,there are also problems of heavy regulatory constraints and light education.The deep reasons for this series of problems lie in the lack of professional supervision and education institutions,the imperfect social support system,and the poor communication between the procuratorial organs and social participants during the supervision and education process.Ensuring the equal application of the conditional non-prosecution procedure for minors,and strengthening the rigidity of the system to promote the realization of social substantive justice are the necessary prerequisites for improving the supervision and education system.In order to ensure the efficient operation of the work mechanism of supervision and education,the faculty of supervision and education can be reallocated,and the community correction agencies are in charge of designing suitable programs for the juveniles according to their personalities,undertaking the specific supervision and education,and evaluating the effect scientifically.Procuratorate is the main body for the decision and supervision,and the organs with the duty of protecting juveniles such as Youth League Committee,Cares for the Next Generation Working Committee,and Women’s Federation should give full play to attract the social power to participate in the supervision and education,and facilitate the smooth reintegration of juveniles into society.In the process of formulating specific plans for supervision and education,the emotional needs of this group should be fully considered to determine the main body of guardianship,additional conditions should be set accurately,and educational corrective programs should be prepared scientifically according to the interests and advantages of floating juveniles.In addition,the role of parenting education from their guardians should be highlighted,so as to maximize the effectiveness of the conditional non-prosecution system.
Keywords/Search Tags:Floating juveniles, Conditional non-prosecution, Supervision and education, Community correction
PDF Full Text Request
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