| Minors are the future of the country and the hope of the nation.It is the great responsibility and honorable mission of families,schools,society and the whole country to take care of the healthy growth of minors.However,due to the influence of poor growing environment,improper family education and other undesirable factors,some minors gradually deviate from the growth track and appear various serious bad behaviors that seriously affect their own growth,infringe on the legitimate rights and interests of others and disturb the social order.The vicious incidents of murder,robbery,rape,theft and intentional injury committed by minors under the legal age of criminal responsibility have caused social anxiety and panic,and further deepened social prejudice and resistance against minors with serious delinquency.In the new journey of the era when the process of socialist rule of law with Chinese characteristics continues to advance and the public strongly questions the laws and regulations related to the protection of minors,the road to the correction of serious delinquent behavior of minors once again faces great challenges.In March 2019,the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council jointly issued a notice on "Opinions on Strengthening the Construction of Specialized Schools and Specialized Education Work",proposing to vigorously strengthen the construction of specialized schools and specialized education work to address the social problems of juvenile delinquency prominent in the new situation.The Amendment to the Criminal Law(XI)adopted on December 26,2020 and the Prevention of Juvenile The Law on the Protection of Minors has revised and improved the provisions related to the correction of serious delinquent behavior of minors,so that the correction of serious delinquent behavior of minors in China has "a new look" in terms of the system.In addition,the Law on the Protection of Minors in Schools,enacted on June 1,2021,and the Law on the Promotion of Family Education,adopted on October 23,2021,provide additional safeguards at the school and family levels for the prevention and treatment of serious delinquent behavior of minors.However,due to the incomplete revision and improvement of the law,it is still difficult to correct serious delinquent behavior of minors.Based on this,this paper redefines the concept of serious delinquent behavior of minors,comprehensively sorts out the types and defects of China’s serious delinquent behavior correction system,empirically examines the operation practice of China’s serious delinquent behavior correction system,clarifies the operation situation and problems in practice,and then finds that the reconstruction of China’s serious delinquent behavior correction mechanism is imperative.On this basis,this thesis elaborates the concept and principles of reconstructing the correctional mechanism for serious delinquent behavior of minors,reconstructs the correctional mechanism with multi-body coordination,multi-level gradation and multi-modality parallelism,and fully discusses the operation procedure and guarantee of this mechanism,in order to provide reference for the improvement of legislation and theory of correctional serious delinquent behavior of minors in China and the smooth implementation of correctional work in practice.The full text is about 175,000 words and is divided into five chapters,except for the introduction,and the specific contents of each chapter are as follows.Chapter 1: A review of serious delinquent behavior of minors and correction system in China.The construction of my minor serious delinquent behavior special correction mechanism must be based on the premise and foundation of clarifying the current concept of serious delinquent behavior of minors and its related system in China.In the theoretical study of correction of serious delinquent behavior of minors,the concepts involved are extremely complicated,among which the concepts related to minors include children,teenagers,adolescents,children,etc.,and the concepts related to serious delinquent behavior include illegal behavior,criminal behavior,criminal wrongdoing,transgressive behavior,deviant behavior,problematic behavior,etc.,and in the theoretical study and various normative or non-normative documents the above-mentioned types of concepts In theoretical research and various normative or non-normative documents,these concepts are frequently expressed and even mixed.Although the new Law on the Prevention of Juvenile Delinquency defines serious delinquent behavior of minors,the definition still has major problems.This chapter lays a conceptual foundation for the construction of a special correction mechanism for serious delinquent behavior of minors by redefining the concept of serious delinquent behavior of minors,redefining the characteristics,reclassifying the types and clarifying the relationship between similar concepts.At the same time,to build a special correction mechanism for serious delinquent behavior of minors in China,we must first clarify the overview of the current correction system for serious delinquent behavior of minors in China and its problems and shortcomings,so that we can analyze the problems of the relevant system and build a special correction mechanism for serious delinquent behavior of minors in China.Therefore,this chapter also composes the system of serious delinquency correction for minors in China,and analyzes and refines the legislative shortcomings of the current system,so as to clear the obstacles for further study of the subsequent issues.Chapter 2 examines the practice of China’s serious misbehavior correction mechanism for minors.Based on the clarification of the basic concepts,the current situation of the system and the clarification of the legislative shortcomings,this chapter is dedicated to clarifying the real problems of the correction of serious delinquent behavior of minors in China through a practical investigation.Through the field investigation of the actual situation of special schools,juvenile correctional facilities,compulsory segregated drug rehabilitation centers for minors,juvenile detention centers,prisons,and special schools in City B,as well as the first-hand data obtained from the public security organs,procuratorial organs and courts in Province A,and combined with the current research of scholars on the correction of serious misbehavior of minors in China,the author concludes that the current The study found that the current practice of serious delinquent behavior correction of minors in China,the current problems and in-depth analysis of the deep-seated reasons behind the problems.The study found that the current correction of serious delinquent behavior of minors in China is mainly parental discipline,correction methods are rough,while the special school as the main correction of serious delinquent behavior tends to be generalized and professionalized,and the correction places are diverse and random.The above status quo fully reflects the reality that the practice of serious delinquency correction for minors in China has the real problems of poor parental correction,low correction effectiveness of special schools,poor cohesion of correction forces and lack of professional backup resources,and the underlying reasons behind such problems are precisely the constraints of the current correctional philosophy of correction,the constraints of fragmented correctional thinking and the impact of fragmented correctional mechanisms.Chapter 3: The Root of China’s Serious Misbehavior Correction Mechanism for Minors.The current problems faced in the legislation and practice of correction of serious misbehavior of minors in China and the reasons behind them determine that the reconstruction of the correction mechanism of serious misbehavior of minors in China is the only way to make a breakthrough in the correction of serious misbehavior of minors in China,and the construction of this correction mechanism must have a solid and strong theoretical foundation to provide it with a constant source of nutrients.In this thesis,while studying the current theory of correction of serious misbehavior of minors in the field of law,we further broaden our vision and obtain more adequate theoretical support from the theories of other social disciplines,and divide the roots of the correction mechanism of serious misbehavior of minors in China into three categories,namely,the soul,trunk and flesh and blood support.Among them,the correction concept of "correction→repair→continuous interaction" is the theoretical soul of the special correction mechanism,the principle of two-way protection is the theoretical trunk of the special correction mechanism,while the theory of educational function and purpose in the theory of education and the theory of behavior reinforcement and punishment in the theory of behavior modification provide the theoretical flesh and blood support for the construction of the special correction mechanism.The theory of educational function and purpose in the theory of education and the theory of behavior reinforcement and punishment in the theory of behavior modification provide the theoretical flesh and blood support for the construction of the specialized correction mechanism.Chapter 4: The physical framework of China’s serious delinquency correction mechanism for minors.In view of the problems in the current legislation and practice of correction of serious delinquent behavior of minors in China,and based on the support of the aforementioned theory of specialized correction mechanism,this chapter proposes to construct a specialized correction mechanism of "multi-subject cooperation correction,multi-level step correction and multi-modality parallel correction" through the introduction of the Special Education Law.Among them,the multi-subjects cooperation correction re-defines the subjects involved in correction and their responsibilities in correction to ensure that the special correction mechanism operates with clear responsibilities and orderly cooperation among the correction subjects;multi-level step correction is divided according to the hierarchy of serious delinquent behaviors of minors and matches different levels according to the seriousness of serious delinquent behaviors of minors and different correction places;multi-modal parallel correction is a correction mode.The correction mode of multi-modality parallel correction is manifested in the two-way guidance,"police and education" and "treatment and raising" correction methods,in order to achieve a breakthrough in the correction of serious delinquent behavior of minors in China through the targeted use of different methods,for The basis for the orderly operation of the special correction mechanism for serious delinquent behavior of minors in China is laid.Chapter 5: The procedural framework of the correction mechanism for serious delinquent behavior of minors in China.This chapter discusses the specific operation and operation guarantee of the special correction mechanism based on the aforementioned special correction mechanism for serious delinquent behavior of minors in China,which is "multi-subject correction,multi-level step correction and multi-modality parallel correction".In the specific operation of the special correction mechanism,the three-stage operation procedure from decision to correction to consolidation is followed.The decision process is a judicialized process of evaluation by the special education steering committee,recommendation by the public security and procuratorial organs,and decision by the juvenile court.The correctional process is a dual-core correctional force model in which the family and the special school are the main correctional sites.The consolidation procedure is to create a good social environment and atmosphere for the consolidation of the correctional effect of the minor’s serious delinquency and the re-acceptance of the minor into society through the collaboration of the public security organs,the procuratorial organs,the family,the school and other correctional forces to make up for the damage to the victim’s rights and psychological imbalance,and to repair the damaged social relationship.In this way,minors can actively integrate into their new lives,meet new challenges in life,and achieve healthy and comprehensive personal development after their reintegration. |
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