Theory Of Community Correction For The Juvenile Offenders In Our Country

Juvenile have a particularity in psychological and physiological. So it is necessary to implementation the targeted community correction for juvenile offenders. China has been carried out the pilot work of community correction for juvenile offenders. Although the development is obvious, the practice still has many problems. Coupled with there is very a little theory related in our country, it is meaningful to discuss the community correction for juvenile offenders.In this paper, the author will discuss the community correction from the perspective of the minor crime; it can be divided to three parts:The first part, firstly, the author elaborates the concept of community correction and community correction for juvenile offenders, and then discusses the particularity of community correction for juvenile offenders from three aspects: physiology and psychology, social role, the purpose of correction. Through the introduction above, we can distinguish the juvenile community correction from community correction for juvenile offenders. The paper states the basic theory of community correction for the juvenile offenders from labeling theory and restraining theory and Restorative justice theory of penalty. This part mainly expounds the necessity and feasibility of the implementation of community correction of juvenile offenders.The second part, the author will introduce the present situation of the community correction for juvenile offenders in our country, at the same time, the problems existing in the practice will be discussed. In the paper, the author will mainly introduce Shanghai mode and Beijing mode which are the most representative. Through the analysis of the two correction mode, we could acquaintance present situation the problems of the practice in community correction practice of juvenile offenders. The problem can be divided into two categories roughly: The problems based on the implementation and the specific implementation issues. Through the presentation of two modes, we can get a glimpse into the practice now and problems of community correction for juvenile offenders in our country.The third part, the author will throw out a suggestion about community correction practice of juvenile offenders. The suggestion will think about the improve of legal system, the construction of the system and the establishment of the relevant system. The author suggests construct a "three-in-one" legal system of the criminal law, criminal procedure law and criminal execution law. If the legal system improved, there will be having laws to abide by. The construction of the specific system consists from the scope of subject of correction, the main body of correction, the content of correction etc. The construction of the system makes the practice of community correction more mature. To improve the supporting system mainly includes the pre-trial investigation system, the juvenile criminal record elimination system, the control, probation, parole system of juvenile offenders. The establishment of the relevant system will promote the development of the practice of community correction for juvenile offenders.