Our Country’s Legislation Study On Juvenile Offenders’ Community Corrections

There are two schools in the criminal field:criminal classical school and criminal positivism school. In the field of penal system, criminal classical school argues that the value of penalty that is the justification for punishment existence is the retribution doctrine and utilitarianism, so they advocate the general theory of punishment and general prevention role of punishment. The criminal positivism school argues that the justification for punishment existence is social defense namely the general purpose of society defense, so they advocate the individualized punishment theory and special prevention role of punishment. With the emergence and development of the modern criminal positivism school, the penal system happened the major development and reform. From paying attention to the penal function of deterrence and punishment, it has attached importance to the education and correction function of punishment and the types of punishment are more and more gentle, the way of punishment execution has been developing from imprisonment penalty towards the direction of the non-confinement penaltyUnder this big background, more and more countries are exploring the gentle and humanitarian punishment road. The progress of penalty execution is that people has invented "community corrections", it is one of the non-confinement penalty execution ways. And these countries have set up their own community corrections system. They generally correct the adult prisoners separating with juvenile offenders. They have formed a perfect community corrections system, which exclusively belongs to juvenile offendersBy contrast, the development of penalty execution is very backward in our country. When the community corrections system has been very perfect and avanced abroad, we are just beginning the judicial practice pilot of the community corrections. After just a few short years of exploration, we have made great progress in community corrections. But comparing with foreign advanced system, we still have a large gap, one of the most remarkable performance is that we have no juvenile offenders’community corrections legal system so far, there is no specialized community corrections legislation that is exclusively suitable for juvenile offenders. No matter from the angle of correcting, reforming the juvenile offenders and making them return to the society, or from the angle of the development of penalty to gentle and humanitarian direction, or keeping up with the development trend of the world to improve the status and international image of our country, we should establish the system of community corrections which only belongs to the juvenile offendersBased on researching the community corrections and the community corrections for juvenile offenders on the basic situation of our country’s legislation and judicial practice, and on the basis research situation in the academic circle, I summarize and analyse the problems of juvenile offenders’community corrections in our country.Through drawing lessons from the other countries’advanced community correction system and the system of community corrections for juvenile offenders in the world, I put forward to our country’s specialized legislative conception of community corrections for juvenile offenders, its content mainly includes the following aspects:the selection of legislative model, the basic principle of legislation and the legislative framework.