Research On The System Of Help-education Of Juvenile Delinquent In Our Country

The help-education of juvenile delinquent system is an important part of special juvenile justice. Analyzing patterns of China’s system and the practical difficulties exist, this paper want to learn from the extraterritorial outstanding experiences and make recommendations for improving the Help-education of juvenile delinquent in our country.The paper consists of four components.The first part outlines the help-education of juvenile delinquent. As an especial minor criminal proceeding, this system can avoid excessive pretrial detention which will do harm to the lawful rights of the infringement, and promote effective cooperation between the judicial organs and for the whole of the integration of social resources, and has special significance to improve juvenile delinquency proceedings. The help-education of juvenile delinquent help complete crime involving minors resocialization process, reflecting the education penal theory and the theory of special safeguard the rights of minors, and also an important manifestation of the criminal policy of combining punishment with leniency, as well as the "education, persuasion, redemption" policy.The second part introduces our existing modes of the help-education of juvenile delinquent and analyzes the practical difficulties. The help-education of juvenile delinquent in china’s development so far, has achieved some results. The practice help-education of juvenile delinquent modes in Shanghai, Jiangsu, Zhejiang, etc. have their own advantages. But because of the lack of a unified, specific legal regulation of higher rank, there is a big difference in judicial practice across the country. So there are still many practical difficulties have to be solved:Lack of legal basis, fuzzy legal status; Judicial examination system conflicts inside, difficult to form judicial force; Differences of deposit base constructions, mode selection does not match; the rights and obligations between the help-education of juvenile delinquent workstations and objects are fuzzy; The shortage of personnel team and the weakness of specialization; The supporting mechanisms are inadequate and the sustainable development has difficulties.The third part examines the extraterritorial outstanding experiences and summarizes the enlightenment. Building a sound prevention and treatment of juvenile delinquency justice system is an important international judicial activities. While countries have different judicial systems and correction modes, they stressed to assert their rights, reduce their anti-social behaviors and reduce their recidivism rates. Extraterritorial more robust assistance and education system, improving government coordination mechanism and its broad social participation provide a strong reference to improve our help-education of juvenile delinquent system.The fourth part puts forward some recommendations for the help-education of juvenile delinquent system. Improving legislation to clear the function and orientation of the help-education workstations, and set scientific and rational rights, obligations and procedures; Chang concepts, develop a scientific evaluation system of law enforcement, and pay attention to the interests of society and the way protection of minors interests; Promote the balanced development of practical help-education, make viable programs depending on the situation of minors; Standardize and improve the content of help-education of juvenile delinquent. At the same time we have to build specialized, professional team to ensure the effective implementation of the help-education of juvenile delinquent work. Further work needed to establish a social help and education system. Through the continuous improvement of the entity and procedure, the help-education of juvenile delinquent system can really make effective treatment to the juvenile delinquent,and ultimately help them return to society successfully.