The Comparative Study Of Community Rehabilitation For Delinquent Juvenile Between China And US

Due to the Immaturity of juveniles' physical and mental development,the judicial protection for delinquent juveniles has become an international consensus.Community rehabilitation,due to its own advantages,has become the core task and fundamental method of juvenile community rehabilitation now.The juvenile justice and community corrections started relatively late in China.The special "Community Corrections Law" has not yet been promulgated and the juvenile justice system has not been built well in China.In this regard,the main task of juvenile community corrections in China is the construction of the legal foundation and the perfection of the system,while the rehabilitation mode and method catering for delinquent juvenile is still in the initial stage of development.In comparison,after the development for one century,the United States has became more experienced in theoretical basis,management system,practice model and methods of rehabilitation for delinquent juvenile.Currently,the United States has paid more attention to the promote the innovation of juvenile community rehabilitation methods and techniques through positivist research in order to reduce the cost and enhance the rehabilitation effect,at the same time,pursuing the individualization,specialization,and scientification of juvenile community rehabilitation.It can be said that the United States has entered the in-depth development stage of community rehabilitation for juvenile delinquency.Based on this status quo,this article adopts a multidisciplinary perspective,including pedagogy,psychology,and jurisprudence,and conducts a systematic comparative study of juvenile community rehabilitation between China and the United States,which using literature research methods,comparative research methods,and interview methods.The research takes the basic theories,administration systems,models and methods as the main research lines.The innovations of this research include the innovation of research perspectives—based on the intersection of disciplines rather than the single perspective of legal research;the innovation of research content—researching the latest and most cutting-edge aspects of the juvenile community rehabilitation in China and the United States;and the innovation of practice—research attempts to incorporate some advanced rehabilitation models and methods of the United States into China's localized community rehabilitation practice areas.The significance of this research does not lie in the simple copying of American experience,but,like the principle saying "mainly for me and for my own use," taking others merits and avoiding weaknesses.The ultimate goal is to absorb the experience of juvenile community rehabilitation in American,and,combined with the China's actual national conditions,to propose the "localization" recommendations for China.The main opinions and conclusion of this article is as follows:Firstly,the comparison of the phenomenon and development trend of juvenile offenders in China and the United States from the perspective of data finds that,the delinquent juvenile issues in China and the United States have both been in a stable and improving trend,but from the comparison between the two countries,the data shows that juvenile delinquency in the Unite States is far more serious than China.This conclusion must take into account the errors caused by the different statistical units and statistical ranges in the two countries.Secondly,under the commonality of the protective,welfare,educational,and rehabilitation aspects of juvenile community rehabilitation between China and the United States,there are fundamental differences in the nature of juvenile community rehabilitation between the two countries.Due to independence of the juvenile justice system in the United States,the community rehabilitation for delinquent juvenile is actually a kind of “service” rather than the penalties;while community rehabilitation is in the nature of penalty execution in China.Based on the fundamental differences in the nature,there are fundamental differences in the purpose of juvenile community rehabilitation between China and the United States.In general,the United States is trying to balance the interests of all parties on the basis of safeguarding the best interests of juveniles,which is the " Single Protection" for the best interests of delinquent juvenile,the purpose is "rehabilitation" highlighting the orientation of social welfare.China,on the other hand,adheres to the "two-way protection" stance,which protects both delinquent juvenile and the whole society.The purpose is "reform" that highlights the social control orientation of community rehabilitation.Thirdly,through the comparison of juvenile justice system between China and United States,which is the premise and foundation of juvenile community rehabilitation system,finds that,based on the philosophy of “Parens Patriae”,the juvenile justice system in the United States is independent of the adult criminal justice system;while in China,the juvenile justice system has not been completely separated from the criminal justice system.This difference leads directly to the fundamental differences between the community rehabilitation system of China and the United States.The community rehabilitation in the United States is non-penal,flexible,and individualized;while in China,it is strict and serious penalty-execution activities.Therefore,in the function of community rehabilitation institutions,the United States is mainly service-oriented,while China concentrates on law enforcement.In terms of work subjects,China is mainly a law enforcement personnel,and the United States is primarily a Juvenile Probation Officer.In terms of working mechanism,the community correction for juvenile in the United States is some kinds of “service” in the nature,which requires payment,while China's community education correction is a penalty execution activity that is entirely financed by the government.Fourthly,from the comparison of the basic models and methods of China-US community rehabilitation,it is found that the rehabilitation models and methods in the United States are more scientific,specialized,and individualized,which is based on research evidence in order to reduce rehabilitation cost and enhance the effects.In China,the history of community rehabilitation is relatively short,and the rehabilitation measures for juvenile offenders are still incomplete.At present,China has actively learnt and borrowed a number of rehabilitation models and methods from abroad,including case investigation and assessment,evidence-based correction,classification correction,the balance and restorative correction,where the United States has rich experience in research and practice.Judging from the prospects for the development trend of community rehabilitation for juvenile,it is found that juvenile community rehabilitation are continuously integrated and expanded,children welfare system and juvenile delinquency prevention system are both integrated,which indicates the“integration rehabilitation concept” is emerging.Last but not least,based on the systematic comparison above and China's actual national conditions,“localization” advices have been proposed including China should optimize correction ideas,improve correction systems,and deepen and innovation correction model and methods.To Conclude,it is found that the juvenile community rehabilitation between China and United states has its own characteristics and superiority.China has ensured the seriousness and strictness of the community rehabilitation for the delinquent juvenile duo to the social system and the nature of the penalty-execution of community rehabilitation,which has achieved good effects.However,as China gradually shifts the focus from “supervision” to “rehabilitation,” China is also rapidly developing and innovating the content and methods of juvenile community rehabilitation.The United States has more experience in the professionalization,scientification,and individualization of juvenile community rehabilitation.In particular,the professional models and methods in the United States are most worth learning and drawing lessons from.