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Research On The The Optimization Of The Specialized Education System

Posted on:2024-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y C RenFull Text:PDF
GTID:2556307187950089Subject:legal
Abstract/Summary:PDF Full Text Request
The frequent occurrence of crimes committed by underage minors has forced the improvement of the juvenile crime prevention system.As a powerful protective disciplinary measure to prevent juvenile delinquency,the specialized education system is still in the initial stage of transformation.Taking this latest revision of the Law on the Prevention of Juvenile Delinquency as a perspective,it is on the agenda to consider how to activate and transform the specialized education system and explore the legalized construction of the system.Starting from the possible dilemmas of specialized education after the legislative revision,by sorting out the transformation from work-study education to the development of specialized education,we reflect on the deficiencies in the conditions of application and procedures of application that exist in the process of system development.In practice,the ambiguity in positioning brings about a decline in social identity,and the rough construction of the work-study system also leads to a significant loss of social trust in the work-study education system.The original correctional system is integrated into the special education system for "closed-loop management" of special correctional education,and there is a possibility of "cross-infection" of minors with different degrees of delinquency.In terms of the system,the scope of the graded correctional target in the legislation differs from the theoretical classification.At the same time,the newly established special education steering committee lacks regulations and constraints on the evaluation function,and does not provide for procedures,which may easily become a formality in practice.Focusing on the current special education system for delinquent minors,we examine the corresponding measures in overseas countries and in Hong Kong,Macao and Taiwan regions,and grasp the regulations on educational correctional measures under different legal systems,so as to add to the legalized construction of the special education system.The above experiences will be used as inspiration to propose the supporting theoretical basis needed to improve the special education measures in China.Using the theory of state parental authority,the principle of individualization of treatment,the theory of labeling,and the theory of classification of juvenile delinquency,we analyze the need for improving specialized education measures in China on the basis of the dilemma faced by specialized education in China.Finally,we seek a balance between legislation for the protection and punishment of delinquent minors as a way to solve the problem.In the entity,the lessons and experiences of work-study schools are learned,and the reasonable positioning and management boundaries of specialized schools are clarified.At the same time,corresponding to the classification logic of the graded prevention system,refine the applicable standards of specialized education.From the perspective of rights protection,consider how the rights of delinquent minors are protected,place the specialized education system under the idea of graded prevention,and understand how general specialized education and specialized correctional education can be connected on the basis of integrating the original educational and correctional resources.Procedurally,it is considered from the perspective of power supervision,and the power responsibilities of the government at all levels,public security organs,judicial organs,and special education steering committees are clarified.The advantages and disadvantages of the administrative and judicial reform paths of specialized education are analyzed,and the judicial route needed to construct a fair procedure for the application of specialized education is clarified.
Keywords/Search Tags:Law on the Prevention of Juvenile Delinquency, Specialized Education, Specialized Correctional Education
PDF Full Text Request
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